Deceased Plaintiff’s Executor Continues With Hip Lawsuit
Posted by: briadm
The executor of the estate of a woman who passed away is continuing her personal injury lawsuit against Zimmer, Inc. for injuries she allegedly suffered as the result of a hip replacement.
Mary Jo Ott filed the lawsuit in the United States District Court for the Northern District of Illinois. Ott died at the age of 66 of causes unrelated to the hip replacement. The executor of her estate, Jori A. Greybill, continued with the lawsuit pursuant to the Survival Act.
The lawsuit alleges that as a result of the hip replacement, Ott experienced pain and suffering, disfigurement, disability and loss of a normal life, as well as medical expenses and lost income.
According to the complaint, on June 1, 2004, Ott underwent a surgical placement of the Zimmer Trilogy Constrained Liner right hip prosthesis, which was designed, manufactured and sold by the defendant.
The lawsuit alleges that as Ott was walking into a store in 2008, the polyethylene prongs and reinforcing rings both fractured, causing her right hip to dislocate and her to fall to the ground. As a result, Ott experienced pain and suffering and required further medical procedures, including a revision of her hip prosthesis.
The complaint claims that parts of the hip prosthesis fail under normal use, or that it is otherwise dangerous and defective.
The lawsuit seeks compensatory and punitive damages in excess of $75,000.
The defendant, Zimmer, Inc., recently filed a motion for summary judgment, claiming that the plaintiff had not provided expert testimony to support the allegations in the lawsuit. Judge William Hart denied the motion, as the plaintiff had provided the expert testimony of the orthopedic surgeon who performed the original hip replacement surgery and the surgeon who performed the revision procedure in 2008.
This is not the only lawsuit filed against Zimmer for the Trilogy prosthetic hip system. In January of 2012, a Texas man filed a lawsuit claiming that he experienced complications just 15 months after having a Trilogy prosthetic hip implanted, and that he too had to have revision surgery.
The Food and Drug Administration sent a letter to Zimmer in September, 2012, warning the company that its factory in Puerto Rico, where the Trilogy device is manufactured, lacked the proper mechanisms to perform tests on the device. Without a testing mechanism, the company would be unable to determine whether the hip replacement systems matched design specifications. Zimmer said that it has addressed the problem.
Robert Briskman is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.