Express Warranty Claim Dismissed in Pennsylvania Zimmer Hip Lawsuit
Federal Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania recently dismissed plaintiff Mary Horsmon’s express warranty claim in her Zimmer hip implant lawsuit. Horsmon, like other plaintiffs in Zimmer hip implant lawsuits, alleges that Zimmer portrayed their artificial hip implant as safe and effective, and failed to warn of the risks of Zimmer hip replacement problems.
The judge ruled that any express warranties did not extend to future performance and that the 4-year limitations on such warranties started upon implantation—which for Horsmon was in 2006.
Zimmer litigation involves amended complaint
Mary Horsmon and her husband, Fred Horsmon, filed a Zimmer hip lawsuit on February 22, 2011, in the Court of Common Pleas of Allegheny County. In so doing, they joined other plaintiffs around the country who have filed Zimmer hip implant lawsuits after experiencing Zimmer hip replacement problems.
The defendants later removed the Horsmons’ action to the U.S. District Court for the Western District of Pennsylvania. At that time, they filed a motion to dismiss three counts, including breach of express warranties.
The plaintiffs filed an amended complaint on November 21, 2011 asserting three causes of action related to the Horsmon’s Zimmer hip replacement problems: negligence, breach of express warranties, and loss of consortium. The defendants filed a motion to dismiss, asserting that the breach of express warranties claim should be dismissed as barred by the statute of limitations.
Plaintiff alleges Zimmer hip replacement problems
On May 16, 2006, Horsmon went through a total right hip replacement, in which she was implanted with the Zimmer Acetabular System. About three years later, she claims to have experienced Zimmer hip replacement problems.
A March 27, 2009 bone scan revealed “increased radiosotopic uptake” in the right acetabulum. An X-ray revealed that the screw holding her hip implant in place was broken, and that the acetabular unit had shifted from its original position.
As a result, according to her Zimmer litigation, she went through revision surgery, after which her physician confirmed that the acetabular side of the hip implant was grossly loose.
Zimmer hip implant lawsuits allege defects
As have other patients who have filed Zimmer hip implant lawsuits, Horsmon lists the consequences of her Zimmer hip replacement problems. The bones, tendons, and nerves in her right hip have been traumatized, and X-rays show that a portion of the Zimmer screw remains in her pelvis.
Plaintiff sues for breach of express warranty in Zimmer litigation
The judge ruled in this Zimmer hip replacement problems lawsuit that none of the promises alleged by the plaintiffs suggested that a warranty was extended to the future performance of the goods (the hip implant). Therefore, the claim of express warranties started on the date of the delivery of the implant (2006), and not the date at which the breach was discovered (the broken screw in 2009).