McDowell Co. couple accuse medical device providers of negligence that led to second spinal surgery

By Philip Gonzales | Nov 8, 2016

Mcdowell County couple are suing Bluefield Regional Medical Center Inc., Health Services of the Virginians Inc., Medtronic Inc., Medtronic PLC, Zimmer Inc. and Zimmer Holdings Inc., medical device providers, citing alleged breach of warranty and insufficient measures were taken to prevent injuries.

PRINCETON — A McDowell County couple are suing Bluefield Regional Medical Center Inc., Health Services of the Virginians Inc., Medtronic Inc., Medtronic PLC, Zimmer Inc. and Zimmer Holdings Inc., medical device providers, citing alleged breach of warranty and insufficient measures were taken to prevent injuries.

Marvin Steven Rutherford and Brenda Rutherford filed a complaint on Oct. 11, in the Mercer Circuit Court against the defendants alleging that they failed to provide a safe and reliable medical hardware and titanium screws.

According to the complaint, the plaintiffs allege that, in November 2014, plaintiff Marvin Rutherford became aware that approximately two of the titanium screws of the hardware installed in his back had failed and broken, causing them to be loose and destabilize his spine. He was required to undergo surgery for the reinstallation of a new hardware and titanium screws. As a result, his wife suffered loss of consortium and services of her husband. The plaintiffs holds Bluefield Regional Medical Center Inc., Health Services of the Virginians Inc., Medtronic Inc., Medtronic PLC, Zimmer Inc. and Zimmer Holdings Inc. responsible because the defendants allegedly designed, manufactured and sold the defective titanium screws and failed to provide adequate warnings and instructions regarding the use and risk of the subject hardware and screws.

The plaintiffs request a trial by jury and seek judgment against the defendants in an amount sufficient to compensate them for their losses, pre- and post-judgment interest, attorney's fees and costs and such other relief favoring plaintiffs. They are represented by Anthony R. Veneri of Veneri Law Offices in Princeton.

Mercer Circuit Court Case number 16-c-336

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