West Virginia Record

Tuesday, February 25, 2020

Man alleges Zimmer prosthetic hip broke in half two years after surgery

State Court

By Marian Johns | Nov 7, 2019

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CHARLESTON – The makers of a prosthetic hip device are facing a lawsuit by a Kanawha County man whose hip device broke in half about two years after having it inserted. 

Paul Wheeler filed a complaint in Kanawha Circuit Court against Zimmer Biomet CMF, Thoracic LLC and John Doe alleging negligence and breach of warranty.

According to the suit, Wheeler had the prosthetic hip manufactured by Zimmer inserted on Feb. 18, 2015, and in September 2017, started having severe pain. After seeking medical attention due to the pain, the suit states it was found that his hip had broken in half and required the need for new prosthetic hip surgery. 

"The prosthetic device that was manufactured, marketed and sold by the defendants and inserted into the plaintiff's left hip was not fit for its intended use and was otherwise defective," Wheeler alleges in the suit. 

Wheeler seeks monetary relief, trial by jury and all other just relief. He is represented by Michael Del Giudice of The Ciccarello, Del Guidice & Lafon Law Firm in Charleston.

Kanawha Circuit Court case number 19-C-882

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