Florida Lawsuit Alleges Zimmer Hip Implant Failure

Represented by a Zimmer hip attorney, Marcia and Peter Scherone filed a lawsuit in U.S. District Court, Middle District of Florida (Jacksonville) alleging that a defective hip implant caused femur fractures and required Marcia Scherone to undergo emergency revision surgery. The plaintiff required more than six revision surgeries to repair the damage to her leg and hip.

In her filing, Scherone lodges counts of breach of express and implied warranty, negligence, strict liability, and loss of consortium.

Plaintiff suffers femur fracture and dislocated hip, requiring revision surgery

In February of 2005, Scherone was implanted with the Zimmer Trilogy hip device. On December 31, 2008, she was in the shower when she suffered a fracture of the Trilogy constrained liner and she sustained a dislocated hip. Surgery was necessary to remove the broken plastic liner because it had fragmented into two pieces.

Because of the allegedly faulty implant, the plaintiff has relied on a wheelchair or walker for ambulation for two and a half years, all the while in pain as her injuries heal.

October 2012 SEC report includes FDA warning

Hundreds of patients in recent years who have been implanted with artificial hips have filed lawsuits against Zimmer because of the need for revision surgery due to defective implants. Manufactured by Zimmer Holdings, Inc., the company markets, produces, designs, and sells the orthopedic reconstructive hip implants and, in 2008, accumulated more than $1.2 million in sales.

A report filed with the Security and Exchange Commission (SEC) in October 2012 by Zimmer, Inc., included a warning from the Food and Drug Administration (FDA) that the company’s manufacturing facility in Puerto Rico was out of compliance.

Future lawsuit complaints—many making claims in regards to the Trilogy implant—will probably cite the FDA warning in their cases.

Plaintiff levels multiple counts against Zimmer, Inc.

Scherone’s lawyer states that the failure of the Trilogy device “hampered the plaintiff’s ability to reasonably function in both her daily and business life, have caused her continual pain and suffering, and will continue to do so in the future.”

The plaintiff seeks compensation for the pain and suffering that resulted from the implant and that she needed Zimmer hip revision surgery.

A recall of the device has yet to be issued by Zimmer.

[SmartLink zimmerhiplawsuit]