Joe Osborne and co-counsel Randi McGinn secured what is believed to be the first verdict in the country for the Kinectiv Technology hip implant manufactured by Zimmer.
One month after the initial surgery McDonald required revision surgery, replacing all components except for the stem base. An additional surgery was performed 16 months later, which was followed with a 6-week course of IV antibiotics as all of the necrotic tissue caused by corrosion induced metallosis was not able to be removed. The court stated that it “is more than probable” that he will need a third even more complex revision surgery sometime in the future.
The court found that Zimmer did not fully or adequately test the configuration of the new modular design as they tested the individual components in isolation when it is known that there is an interaction between components of the system and performance of the system.
The court further found that “the unreasonable risk of metallosis, whether from corrosion, micro-motion, fretting or some other mechanism, makes the MLTK with a metal CoCr head a defective product.”
For further detail read the full Findings of Fact & Conclusions of Law.