Maker of knee replacement device sued after man has two revision surgeries

Michelle Keahey, East Texas Bureau Mar. 10, 2013, 4:15pm

Claiming that his knee replacement device was defective, Fred T. Long Sr. and his wife, Joetta, filed a lawsuit against the device’s manufacturers Zimmer Inc., Zimmer Holdings Inc. and Zimmer Orthopaedic Surgical Products Inc. on Feb. 26 in Beaumont Division of the Eastern District of Texas.

Long was implanted with a Zimmer NexGen Knee on his right knee on May 17, 2011, at the Medical Center of Southeast Texas hospital by Dr. Carl J. Beaudry.

According to the suit, Long required revision surgery to the knee respect on March 19, 2012, and again on Nov. 29, 2012.

Long claims the device was defective and has caused injury, economic loss, loss of services and loss of consortium.

The defendants are accused of strict liability design defect, failure to warn, manufacturing defect, negligence, negligence misrepresentation, express warranty, breach of express warranty, breach of implied warranty and violation of consumer protection statutes.

The plaintiffs are seeking an award of compensatory damages for pain and suffering and emotional distress; punitive, exemplary and statutory damages; attorney’s fees; unjust enrichment; punitive damages; loss of consortium; court costs; and interest.

Donald H. Kidd of Perdue Kidd & Vickery in Houston and Peter Meyer of Baker & Daniels LLP in Fort Wayne, Ind., are representing the Longs.

A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:13-cv-00117

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