Jackie Warnstaff of Marshall, Texas has filed a lawsuit in the Eastern District of Texas, Tyler Division against Zimmer Inc., Zimmer Orthopaedic Surgical Products, Inc., and Zimmer Holdings Inc., after her NexGen knee replacement device allegedly failed within four months of implantation causing her to undergo risky revision surgery.
According to the Southeast Texas Record, Warnstaff had the Zimmer NexGen Knee replacement implanted on December 2009 in her right knee, at Good Shepard-Marshall Hospital. Within four months, Warnstaff allegedly was forced to undergo revision surgery to have the defective device removed.
The lawsuit accuses Zimmer of failure to warn, strict liability, negligence, negligent misrepresentation, defective manufacturing, breach of express and implied warranties, and redhibition.
The lawsuit seeks compensatory damages for economic loss, pain and suffering, and emotional distress, as well as punitive damages, statutory damages, and attorney fees, interest, and costs.