SE Texas Record

Wednesday, October 16, 2019

Texas woman sues over defective knee replacement device

By Michelle Keahey, East Texas Bureau | Oct 18, 2012

SHERMAN - A Texas woman filed a lawsuit claiming her implanted knee replacement device prematurely came loose and required additional surgeries. 

Beverly Mulson and Gary Mulson filed suit against Zimmer Inc., Zimmer Holdings and Zimmer Orthopaedic Surgical Products Inc. on Oct. 12 in the Eastern District of Texas, Sherman Division.

Beverly Mulson was implanted with a Zimmer NexGen Knee device on her right knee on April 10, 2007, at Hopkins County Memorial Hospital by Dr. Robert P. Shackelford. She underwent revision surgery in June 2011 due to defects with the device.

According to her allegations, the device is defective due to loosening.

The defendant is 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 redhibition.

The plaintiff is seeking an award of compensatory damages for pain and suffering, emotional distress, economic losses, punitive or exemplary damages, statutory damages, attorney’s fees, court costs, and interest.

Mulson is represented by Longview attorney Douglas C. Monsour and Tobias L. Millrood and Bharati O. Sharma of Pogust Braslow & Millrood in Conshohocken, Pennsylvania.  A jury trial is requested.

The lawsuit will be combined into the multidistrict litigation pending in the U.S. District Court for the Northern District of Illinois.

Case No. 4:12-cv-00649

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