TYLER-Shortly after a motor vehicle accident, a Texas resident had surgery to repair part of his spine but the product used during the surgery, an Allez Pedicle Screw System, was later recalled by the manufacturer.

Claiming the spine system has become painful, unsafe and dysfunctional, Charles E. Anderson Jr. filed suit against Phygen, formerly known as Allez Spine Inc.

The complaint was originally filed on March 23 in Smith County District Court. The defendant removed the case to Eastern District of Texas, Tyler Division.

In August 2008, Allez Spine initiated a voluntary recall of the pedicle screw system. Anderson's surgeon notified Anderson of the recall in January 2009.

The defendant is accused of breach of express and implied warranties and negligence for failure of the medical device, failing to inspect, failing to use due care in the manufacture, design, test and inspection of the pedicle screw system, and for failure to design the pedicle screw system to prevent failure of the metal due to a malfunction.

Anderson argues that the defendant's conduct "constitutes a careless, negligent, and reckless disregard of a duty of care for others."

The plaintiff is seeking damages for medical care and expenses, physical pain and suffering, physical impairment, loss of consortium, loss of parental consortium, mental anguish, fear of future disease and condition, cost of medical monitoring and prevention, interest and court costs.

Anderson is represented by Jacksonville attorney Jeffrey S. Clark. Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:10cv00334

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