Texas man's suit claims knee replacement defective

By Michelle Keahey, East Texas Bureau | Sep 16, 2013

MARSHALL - A Texas man has filed a lawsuit claiming that his knee replacements are defective due to evidence of loosening and have required revision surgeries. 

Kenneth Davis and Darlene Chapman-Davis filed suit against Zimmer Inc., Zimmer Holdings Inc. and Zimmer Orthopaedic Surgical Products Inc. on Sept. 12 in the Eastern District of Texas, Marshall Division.

Davis was implanted with Zimmer NexGen Knee Devices in both of his knees on June 5, 2008, at Good Shepherd Medical Center in Longview.  He underwent a revision surgery on his left knee, which alleges was due to defects on July 23, 2013, and is scheduled to undergo a revision surgery on his right knee on Nov. 19, 2013.

The plaintiff alleges that the product was defective due to the evidence of loosening.

The defendant is accused of strict liability design defect, failure to warn, manufacturing defect, negligence, negligent misrepresentation and breach of express and implied warranty.

The plaintiff is seeking an award of compensatory, punitive and statutory damages for pain and suffering; emotional distress; economic loss; medical expenses; physical impairment; physical disfigurement; attorney’s fees; interest; and court costs.

The plaintiffs are represented by M. Raymond Hatcher and Alan J. Robertson of Sloan, Bagley, Hatcher & Perry Law Firm in Longview. A jury trial is requested.

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

Case No. 2:13-cv-00706

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