Wylie resident sues over allegedly defective total knee replacement device

Michelle Keahey, East Texas Bureau Nov. 18, 2013, 11:31am

MARSHALL - A Wylie resident has filed a lawsuit against the manufacturer of his total knee replacement device claiming that the device was defective and caused severe pain.

Ronald Potts filed suit against Zimmer Inc., Zimmer Holdings Inc., Zimmer Surgical Inc., Zimmer Production Inc. and Zimmer US Inc. on Nov. 11 in the Eastern District of Texas, Marshall Division. 

Potts presented to the hospital for a right total knee arthroplasty in Sept. 21, 2009. During the surgery, Potts had one of defendant’s total knee replacement devices implanted.

According to the lawsuit, since the implant, Potts’ right knee has progressively loosened and caused severe pain. He claims that the loosening and pain are caused by defects with the Gender Solutions Natural Knee Flex Systems and its components.

The defendants are accused of defectively designing, manufacturing, assembling, and marketing the knee replacement device and mislabeling the articular surface congruent. The defendants are also accused of breaching the implied warranties of merchantability and fitness.

The plaintiff is seeking an award of damages for pain, suffering, mental anguish, medical expenses, physical impairment, physical disfigurement, lost wages, diminished or loss of earning capacity, interest and court costs.

Potts is represented by Ben C. Martin, Thomas Wm. Arbon and Russell T. Button of Law Offices of Ben C. Martin LLP in Dallas. A jury trial is requested.

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

Case No. 2:13-cv-00954

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