Woman claims orthopedic bone screws are defective

By Michelle Keahey, East Texas Bureau | Nov 14, 2011

A spinal surgery patient has filed a product liability lawsuit alleging the bone screws used in her back were defective and fractured.

Cyd Marie Badon of Orange County filed suit against Alphatec Spine, also known as Alphatec Supply Co., on Nov. 1 in the Eastern District of Texas, Beaumont Division.

As part of a spinal surgery completed in January 2006, Badon had orthopedic bone screws placed in her back. An X-ray taken in October 2007 indicated that one of the screws had broken, according to the suit.

Based on conversations with her physicians, Badon claims she was under the impression that the back pain she was having was manageable and was not caused by the fractured screw, but was a result of the lumbar fusion, the suit claims.

However, Badon claims she began experiencing severe back pain after a fall in November 2007. The suit states that an MRI revealed a second fractured screw which required a second back surgery. According to the complaint, the orthopedic screws in question are 40 mm x 6.5 mm Zodiac polyaxial screws.

The defendant is accused of negligence, strict product liability for design defect, strict product liability for manufacturing defect regarding the design, manufacture, production, testing, study, inspection, mixture, labeling, marketing, advertising, sales, promotion and distribution of the defective screws.

The plaintiff is seeking damages for medical expenses, lost earnings, loss of earning capacity, physical impairment, disfigurement, financial losses, pain and suffering, mental anguish and court costs.

A jury trial is requested.

Badon is represented by Christopher T. Kirchmer of Provost Umphrey Law Firm in Beaumont.

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

Case No. 1:11-cv-00586

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