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Viania v. Zimmer Inc.

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

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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.

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