Bowie County man claims defects in shoulder replacement device

Michelle Keahey, East Texas Bureau Jul. 31, 2013, 3:38pm

MARSHALL - A Bowie County resident has filed a lawsuit against the manufacturer of his shoulder replacement device claiming that the device was defective.

Jerry Kennedy filed suit against Biomet Inc. on July 30 in the Eastern District of Texas, Marshall Division. 

Kennedy underwent surgery on his left shoulder on July 28, 2009, at North Cypress Medical Center in Cypress. The surgery consisted of a left total shoulder replacement with a reverse prosthesis. The device used was intended to “revolutionize” the treatment of massive rotator cuff tears by reversing the anatomy of the shoulder, according to the lawsuit.

In October 2011, Kennedy experienced a possible “mechanical failure” after drying off from a shower. According to the suit, he underwent a second surgery as a result of the broken hardware and allegedly needs a third surgery.

He alleges the product failed after the first surgery when the weld area between the plate and humerus interface cracked causing a complete and catastrophic failure of the implant.

The defendant is accused of strict product liability including design defect, manufacturing defect and marketing defect.

The plaintiff is seeking an award of damages for medical expenses, lost wages, lost earning capacity, disfigurement, pain and suffering, mental anguish, impairment, punitive damages and interest.

Kennedy is represented by Clay White of White Shaver PC in Tyler A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00566

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