A couple, Lee Ann and Frank P., recently filed a Stryker Accolade lawsuit in U.S. District Court. This lawsuit was filed on Aug. 10, 2017 in the Northern District of Georgia. The plaintiffs, a married couple, are residents of Hagerstown, Md.
The defendant named in this Stryker Accolade lawsuit is Howmedica Osteonics which does business as the Stryker Corporation. While Stryker does business throughout the U.S. and globally, its headquarters is in the State of New Jersey.
At issue in this Stryker Accolade lawsuit is a hip prosthesis component known as the Accolade TMZF hip stem designed for implantation in patients as part of a total hip arthroscopy surgery.
The Accolade TMZF hip stem is most often combined with the LFIT Anatomic V40 Femoral Head which then articulates with an acetabular lining.
On March 16, 2000, the Food and Drug Administration (FDA) approved the Stryker Corporation’s application to market the Accolade TMZF hip stem. The stem was made of a proprietary alloy that had not been used in other hip prosthetics. The alloy was made of titanium, zinc, iron, and molybdenum.
The company patented the new alloy and promoted the component as less rigid but somehow tougher than other alloys in use in other prosthetic devices.
According to the legal documentation of this Stryker Accolade lawsuit, the primary plaintiff, Lee Ann P. was implanted with the Accolade TMZF hip stem and LFIT Anatomical V40 Femoral Head on Dec. 18, 2009.
The LFIT was one of the femoral head systems designed to be used with the Accolade and it was made of a chromium and cobalt alloy.
The Stryker Accolade lawsuit alleges that Lee Ann P. experienced almost immediate problems with the Accolade hip stem upon implantation. Those problems included grave discomfort, pain, and suffering.
She presented herself for an initial review of her symptoms and the results of her workup revealed that the implant had failed. Blood testing showed high levels of titanium, cobalt, and chromium indicating metal poisoning from the prosthetic.
The plaintiff had the device remove. She found out that not only was the Accolade TMZF hip stem very deformed, but severe and likely permanent hard and soft tissue damage had occurred. She and her husband are bringing the following counts against Howmedica Osteonics:
Count One – Common Law Negligence; Count Two – Breach of Express Warranty under Georgia Law; Count Three – Strict Liability, Failure to Warn under Georgia Law; Count Four – Strict Liability, Design Defect under Georgia Law; Count Five – Strict Liability, Manufacturing Defect under Georgia Law; and Count Six – Loss of Consortium for Spouse, Frank P.
Both wife and husband plaintiffs are asking for a trial by jury, awarding of compensatory and actual damages as said jury sees fit to primary plaintiff Lee Ann P., awarding of loss of consortium damages, and all court costs, miscellaneous litigation costs, attorney’s fees, and post-judgement interest.
The Stryker Accolade Lawsuit is Case No. 1:17-cv-03023-LMM, in the U.S. District Court for the Northern District of Georgia.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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