Lawsuit claims total knee replacement device faulty due to recalled device

By Michelle Keahey | Dec 22, 2013

NEW ORLEANS - A Jefferson Parish woman has filed a lawsuit claiming she suffered injuries after receiving a total knee replacement surgery with a device that was later recalled.

Melenena K. Smith filed suit against Howmedica Osteonics Corp., d/b/a Stryker Orthopaedics, Stryker Sales Corp., and Stryker Corp. on Dec. 19 in federal court in New Orleans.

In June 2011, Smith underwent a total knee replacement surgery in New Orleans. The surgeon utilized the ShapeMatch Cutting Guide. In April 2013, a Class 1 recall was issued for all ShapeMatch Cutting Guides, the suit says.

The defendants are accused of fraudulent concealment, negligence, violation of the Louisiana Products Liability Act, failure to confirm warranties, design and manufacturing defect, unreasonably dangerous in construction and/or composition, breach of express warranty, breach of implied warranty, negligent failure to adequately test, violation of redhibition, supplier negligence, and violation of Louisiana Unfair Trade Practice and Consumer Protection Law.

The plaintiff is seeking an award of damages for personal injuries, physical pain, anguish and distress, medical pain, anguish and distress, medical expenses, loss of enjoyment of life, lost wages, interest, and court costs.

Smith is represented by New Orleans attorney Douglas M. Schmidt.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:13-cv-06740

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