Hip replacement advertisement leads to Zimmer lawsuit

Michelle Keahey Jul. 5, 2011, 5:21pm

A federal lawsuit has been filed against hip replacement device maker Zimmer by a person who saw a TV ad involving a recall of DePuy hip replacement devices.

Francoie Stephens filed suit on June 21 in federal court in New Orleans.

In the suit, Stephens claims he underwent hip replacement surgery in 2007 and was fitted with a Zimmer Durom hip replacement. He states he had no reason to believe the product was defective until he saw an advertisement for people with hip replacement problems due to a recall of DePuy devices in September 2010.

After consultations with an attorney, Stephens learned about the defects associated with his type of medical device, the lawsuit states. In 2011, Stephens underwent surgery to have the hip replaced because of problems associated with it, including rising levels of cobalt chromium contamination from deterioration of the device.

The defendant is accused of not informing Stephens of the problems associated with the hip replacement product, for negligently, carelessly and tortuously designing, manufacturing, labeling, distributing, marketing, and promoting the device and for manufacturing and selling the device while it contained one or more defects that made it unreasonably dangerous and unfit for its intended use

The plaintiff is seeking damages for pain and suffering, physical distress and injury, emotional distress and injury, medical expenses, shame, humiliation, inability to lead a normal life, loss of enjoyment of life, disability, punitive damages, mental anguish, court costs and interest.

Stephens is represented by Frank A. Silverstri, John Paul Massicot and Damien Savoie of Silvestri & Massicot in New Orleans and New Orleans attorneys John D. Sileo and Peter D. Derbes. A jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:11-cv-01466

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