PRINCETON — A Mercer County husband and wife are suing medical device manufacturers, alleging strict liability-manufacturing defect, failure to warn/use defect, negligence, breach of express warranty, and breach of implied warranty of merchantability,
Christine Wellman and Edward Wellman filed a complaint in Mercer Circuit Court against Stryker Corporation, Memometal Incorporated USA, and Memometal Technologies SA, alleging the defendants manufactured a defective device.
According to the complaint, between Dec. 8, 2015-Sept. 12, 2016, Christine Wellman underwent a surgical implantation of a Smart Toe II ® device to correct her hammertoe condition. She says she reported pains during her post-operation checkups.
The suit says it was later found out that the "Smart Toe is broken proximally at the proximal portion" and she needed a surgical correction. The plaintiffs allege the defendants manufactured, distributed and sold a device that was defective. Furthermore, the lawsuit states, the defendants failed to inform doctors and patients that the device could break into two pieces.
The Wellmans seek trial by jury, as much damages as the jury can award, post-judgment interest and all other just and proper relief. They represent themselves pro se in court.
Mercer Circuit Court case number 18-c-237