Plaintiff awarded more than $2 million in Zimmer Kinectiv hip replacement case decided at trial. He is represented by Boca hip replacement lawyer Joe Osborne.
In what is believed to be the first case involving a Zimmer Kinectiv hip implant system that went to trial, the judge found the defendant responsible for the plaintiff’s injuries, awarding him more than $2 million. After a two-week trial in Albuquerque, New Mexico, the judge found that the hip implant was a defective product and it caused a number of injuries to the plaintiff, Michael Brian McDonald, PhD.
Joseph Osborne, Jr., of Osborne & Francis in Boca Raton, Fla., represents Dr. McDonald, along with other plaintiffs around the country suing hip implant manufacturers due to injuries caused by the devices. “We are very happy for Dr. McDonald and satisfied that our efforts lead to compensation for all the serious medical problems, pain and suffering he needlessly had to endure and will continue to endure,” Osborne says.
Osborne tried the case with Randi McGinn and Allegra Carpenter of McGinn, Carpenter, Montoya & Love, P.A., of Albuquerque, N.M. There are a number of cases filed against Zimmer because alleged defective implants have caused injuries to patients.
In a 27-page decision filed on March 31, New Mexico Judge Nan G. Nash found that,
- McDonald was implanted with Zimmer’s M/L Taper Hip Prosthesis with Kinectiv Technology in June 2010. Due to problems with the hip implant another surgery took place in October 2011 to replace it, then a third surgery was needed a month later for another replacement.
- McDonald was poisoned by metallic particles (metallosis) from the replacement hip. Tissue in the hip area was so injured it couldn’t be surgically removed and it poses an ongoing threat of infection for McDonald, who his expected to continue to take antibiotics for the rest of his life.
- The Zimmer hip replacement system limited McDonald’s functions, caused him pain, infections, multiple surgeries and although he’s currently is doing well, another hip replacement surgery may be needed at some point in the future.
- A hip implant should not cause metallosis. A small amount of non-toxic corrosion or metal debris may occur with a hip implant, but one that causes enough corrosion or metal debris to cause toxic metal poisoning, as in Dr. McDonald’s case, creates an unreasonable risk of injury.
- Zimmer didn’t fully or adequately test the hip implant components implanted in Dr. McDonald and because of the unreasonable risk of metallosis the hip replacement was found to be defective product and it created an unreasonable risk of harm to McDonald because it allowed the liberation of enough metal debris to injure his hip joint.
The total damages award, which doesn’t include punitive damages, totals $2,027,424.91. It includes,
- $1 million for past and future pain and suffering,
- $480,000 for lost enjoyment of life, and
- $462,034 for past and expected future medical expenses.
“Dr. McDonald is just one of thousands of people who have suffered through defective hip implants made by various manufacturers. We have a lot of work to do for all our other clients and look forward to telling their stories and fighting for just compensation for what they’ve had to go through,” Osborne says.
If you or a family member have any questions about defective hip implants or have suffered injuries because of the Zimmer, or other, hip implant, contact Boca Raton hip replacement lawyer Joe Osborne at (561) 293-2600 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.