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Loose knee replacement device leads to Texan's lawsuit

A knee replacement device that apparently became loose before it should have is the center of a lawsuit initiated by Texas woman after she needed additional surgeries. The product liability suit was filed on Oct. 12 in the Sherman Division of the Eastern Texas District.

On April 10, 2007, the woman had the initial knee replacement surgery in Hopkins County Memorial Hospital. A second surgery was required in June 2011 as a result of loosening. She claims the product is defective and caused her injury. She is requesting a trial by jury to determine the extent of the manufacturer's negligence in designing a dangerous product.

The woman is seeking a monetary award for pain and suffering in addition to emotional suffering, financial loss and all court and attorney's fees. She also wants to be reimbursed for the cost of the alleged defective device.

She accuses the manufacturer of negligence, manufacturing a product with a defective design, failure to warn and breach of express and implied warranty. Any product that comes with some type of warranty needs to perform up to expectations, or it may be considered defective.

Any time a consumer is injured due to a defective product, the manufacturing company can be held liable for its error. There is more involved than paying the resulting medical bills. Lost wages, pain and suffering and other considerations also need to be taken into account. The extent of liability and any compensation that is due requires knowledge of the law, and those affected should seek advice regarding their particular situation.

Source: The Southeast Texas Record, "Texas woman sues over defective knee replacement device," Michelle Keahey, Oct. 18, 2012

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