NEW ORLEANS, LOUISIANA – Another artificial hip manufacturer is being sued for not warning patients or doctors that the device could fail and require a second surgery to replace the prosthesis. Joe Dean Krack and Gerald Krack filed suit in federal court in New Orleans against Zimmer Inc., makers of the Zimmer VerSys System which included a hip femoral head. They claim that the artificial hip Joe Dean received in July 2005 was faulty, causing him pain, weakness and disability due to a problem with the femoral head. He had to be readmitted for surgery in October 2009 to have the artificial joint replaced.
Zimmer isn’t the only hip replacement system maker that is facing lawsuits against defective parts. DePuy Orthopaedics, a subsidiary of Johnson & Johnson, announced late last summer that it was recalling parts used in its hip replacement systems because a higher than expected number of people who received them had to have them replaced within five years. On average, about 15 percent of artificial hips need replacing after about 35 years. However, studies showed that 12-13 percent of people who received the DePuy ASR XL Acetabular System or the DePuy ASR Hip Resurfacing System needed revision surgery in just five years.
Just like the plaintiffs who have filed suit against DePuy, Joe Dean’s lawsuit alleges that Zimmer was negligent by manufacturing an alleged defective device that was unreasonably dangerous and unfit for its intended use. His lawsuit states that the device was also defective due to inadequate warnings and inadequate exposure of the real risks inherent with the device, and Joe Dean is suing for strict liability and breaching implied and expressed warranties.
Joe Dean’s lawsuit seeks compensation for non-economic losses including medical expenses, disfigurement, pain and suffering, mental anguish and emotional distress, punitive damages, and interest.