Suit Filed Against Zimmer For Defective Part
KOSCIUSKO COUNTY — A woman who had a fracture repaired with a Zimmer manufactured part has filed a suit for damages against the Warsaw manufacturer.
Carol Foreman, Macy, filed a complaint for damages Friday, Jan. 19, against Zimmer Biomet Holdings Inc., a Delaware Corporation, Indianapolis, with its principal place of business in Warsaw. She is seeking an amount that will reasonably compensate her for the injuries and damages sustained along with the cost of the action and other relief.
The complaint states Nov. 25, 2015, at Woodlawn Hospital, Rochester, she underwent repair for a subtrochanteric right hip fracture. A ZNN cephalomedullary femoral nail by Zimmer was utilized. The part subsequently fractured. On Jan. 23, 2016, she underwent revision surgery at St. Vincent Hospital, Indianapolis, due to the failure.
In the complaint, it states Zimmer put into the stream of the commerce a defective ZNN cephalomedullary femoral nail and represented the product to be safe and fit for the use and purpose intended and Zimmer breached its duty in the following respects:
- The defendant failed to include proper warnings of its dangerous proclivities which was inherently and unreasonably dangerous to anyone, including plaintiff, who might use said Zimmer ZNN cephalomedullary femoral nail component in a normal expected fashion as such and particularly created an extremely extra hazardous and unreasonably dangerous condition.
- The defendant expressly and impliedly warranted that said product, which they placed into the stream of commerce, was safe, not inherently dangerous and fit for the proper use and purpose intended for it and, thus, the defendant breached those expressed and implied warranties, including a warranty of fitness o use, resulting in serious injuries to the plaintiff.
The complaint further states Zimmer was negligent in the design, manufacturing and marketing of the replacement component, it knew or in the exercise of ordinary care should have known, the replacement component was defective and unreasonably dangerous to those persons likely to use the knee replacement component for purposes in the manner for which it was intended and as a direct and proximate result of the negligent design, strict liability and breach of the duties owed to the plaintiff, including, but not limited to: negligence; strict liability and breach of warranty; the plaintiff sustained personal injuries, the effects of which are permanent and lasting; suffered and continues to suffer physical and mental pain; has incurred hospital, doctor and medical expenses and may continue to incur hospital, doctor and medical expenses in the future; has also lost income and may continue to lose income in the future. The plaintiff has incurred pain and suffering and may continue to incur pain and suffering in the future, all of which damages are in an amount yet undetermined.