ELIZABETH – A Wirt County couple is suing a medical device manufacturer over claims that its Excella II back implant was allegedly defective.

Kathy Patalano and her husband, Kevin Patalano, filed a lawsuit May 2 in Wirt Circuit Court against Innovasis Inc., alleging negligence and product liability.

According to the complaint, Kathy Patalano underwent surgery on June 3, 2013 on two pairs of vertebrae in her lumbar spine, using screws and components manufactured by Innovis. Although she was advised the implant would last a lifetime, the suit says she developed severe back pain just months after the surgery, which did not respond to treatment. After a CT scan revealed in April of 2015 that two screws in the implant had fractured, Patalano was forced to undergo replacement surgery.

The plaintiffs seek punitive and compensatory damages for pain and suffering and loss of consortium. They are represented by attorneys Bruce M. White and Brian J. Headley of Headley Law LLC in Mount Pleasant, S.C.

Wirt Circuit Court Case number 16-C-12

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