Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Viania v. Zimmer Inc.

Warranty Breach, Negligent Misrepresentation Claims Dismissed in Suit Over Hip Implant

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OF DECISION & ORDER

*1 The Plaintiff James Viania (the “Plaintiff”) brought this products liability case against the Defendants Zimmer, Inc. and Zimmer Holdings, Inc. (collectively, the “Defendants” or “Zimmer”) for injuries sustained due to an allegedly defective hip prosthesis made by the Defendants that was implanted into his body.Presently before the Court is a motion by the Defendants to dismiss four of the seven causes of action brought by the Plaintiff pursuant to Federal Rule of Civil Procedure (“FED. R. CIV. P.” or “Rule”) 12(b)(6). For the following reasons, the Defendants’ motion is granted in part, and denied in part.I. BACKGROUNDA. The Relevant FactsThe Plaintiff is a resident of Nassau County, New York. The Defendants are foreign corporations organized under the laws of Delaware, with principal places of business in Indiana.On March 2, 2010, the Plaintiff was implanted with a Zimmer M/L Taper Hip Prosthesis (the “prosthesis”). The implant apparently corroded, and caused metal and corrosion byproducts to leak into the surrounding tissues. The Plaintiff suffered trunnionosis (wear of the femoral head-neck interface) and metallosis (the building up of metal debris in the soft tissues of the body). The complaint does not state when the Plaintiff became aware of these medical problems.On April 4, 2014, doctors at Winthrop University Hospital surgically removed the prosthesis. During the operation, doctors discovered a significant amount of dark bloody fluid; significant and severe reactive synovial debris; devitalized tissue; and significant amounts of blackened corrosion at the head-neck junction of the femur.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
Go to Lawjobs