PITTSBURGH — A consumer is suing shoulder prosthesis distributor Zimmer Inc., citing alleged breach of implied and express warranties.
Keith Wilson filed a complaint June 19, in the Allegheny County Courts of Common Pleas, alleging that the defendant failed to manufacture a shoulder implant that was safe and fit for its intended use.
According to the complaint, Dr. Rex Herbert implanted a prosthetic in the plaintiff's right shoulder on July 30, 2014. During a revision surgery on June 20, 2016, Wilson claims Dr. Jonathan Van Kleunen discovered loosening excessive rim wear on the plastic in the implanted system.
Wilson said he holds Zimmer responsible because it allegedly wrongly told consumers and/or their physicians that its shoulder implant system components are safe and effective and failed to provide adequate warnings of the risk of loosening.
The plaintiff requests a trial by jury and seeks actual and punitive damages, pre-judgment and post-judgment interest, attorney's fees, costs and such other relief. He is represented by Robert Klingensmith of Klingensmith Law PC in Houston and Monica Vaughan of Houssiere, Durant & Houssiere LLP in Houston.
Allegheny County Courts of Common Pleas case number 18-7816