Man Says Kaiser Used Defective Screws In Knee Surgery
2-22-2013 17:54:00

SACRAMENTO, Calif. (CN) – A man is suing Kaiser Permanente Health Plan and Arthrex Inc. for defectives screws that broke following a knee surgery, causing him permanent injury.

Erik Labhard says in his federal lawsuit that Arthrex, which is in the business of designing, manufacturing and selling products used in knee surgeries, should have known its screws were defective and had the potential to break post-operatively.

“Said products were defective in design and/or manufacture, and failed to carry appropriate warning labels, with the defendants knowing that said products would be used by hospitals, physicians and surgeons in treating and caring for members of the general public, and particularly plaintiff Erik Labhard without inspection,” the complaint states. “Said surgical instruments and/or hardware, including, but not limited to, orthopedic surgical supplies for knee surgeries including, but not limited to, surgical screws, were defective in design and/or manufacture and unsafe for ultimate consumers such as plaintiff.”

Labhart says he sustained serious injuries when the screws broke, which continues to cause him pain and suffering, and has cost him additional financial hardship linked to medical needs.

Labhart claims the injuries are permanent, he and his wife, a co-plaintiff, suing for loss of consortium on top of medical negligence, strict product liability, failure to warn, breach of warranty and loss of consortium.

Eric J. Ratinoff and Kerrie D. Webb, of Kershaw Cutter & Ratinoff, represent the plaintiff. 00139453