Zimmer sued over hip replacement device

Michelle Massey Nov. 2, 2010, 1:58am

A Jefferson Parish couple is suing the manufacturers of a hip replacement device for not warning of risks associated with the product.

Joe Dean Krack and Gerald Krack filed suit against Zimmer Inc. on Oct. 21 in federal court in New Orleans.

According to the lawsuit, in July 2005 Joe Dean Krack was admitted into Ochsner Foundation Clinic Hospital for surgical placement of a Zimmer VerSys System which included a hip femoral head. After the surgery, Krack experienced pain, weakness and disability in the hip due to problems with the femoral head. Krack was readmitted for surgery in October 2009 for replacement of prosthesis.

The defendant is accused of negligent manufacture of an alleged defective device, which the plaintiff claims was unreasonably dangerous and unfit for its intended use. Krack states the device was also defective due to inadequate warnings and inadequate exposure of the real risks inherent with the device. Zimmer is accused of strict liability and breaching implied and express warranties.

Krack is seeking compensation for non-economic losses including medical expenses, disfigurement, pain and suffering, mental anguish and emotional distress, punitive damages and interest.

He is represented by John Paul Massicot, Frank A. Silvestri and Damien Savoie of Silvestri & Massicot in New Orleans. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:10-cv-04011

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