Zimmer Biomet Case Study
Zimmer Biomet Shoulder Lawsuit
Zimmer Biomet Comprehensive Reverse Shoulder Humeral implant is a reverse shoulder device designed to restore arm movement. Increased instances of failure have led to a massive recall of this medical device. Following the reports, many people who have been affected by the recall have lodged lawsuits against the product manufacturer, Zimmer Biomet, Inc. The company is a leading designer, manufacturer and marketer of orthopedic products in the US. The three types of claims associated with recalled products are:
• Defective manufacture claim
• Failure to warn claim
• Defective design claim
The failure to warn claim occurs when the product manufacturer fails to notify or educate users on the defect and risks associated with using the recalled product. Under the defective design claim, the product manufacturer is held responsible for failure to provide adequate information on product development along with failure to test and foresee defects that may arise in the event the product fails. With regards to defective manufacture claim, the manufacturer is held liable for defects arising from poor manufacture and lack of proper …show more content…
The distribution was done over a period of 7 years. The lawsuit against Zimmer Biomet was first was filed in 2014 by a man who had received two shoulder implants, the first one in 2009 and the other in 2010. The two devices failed within a few years. For recourse, the patient was forced to undergo additional surgeries to replace the faulty devices. This Zimmer Biomet shoulder lawsuit was settled for $350,000 in 2016. Following the recalls, the FDA has classified Zimmer Biomet shoulder lawsuits Class 1 recall; the highest recall category because the device could result in
Zimmer Biomet Comprehensive Reverse Shoulder Humeral implant is a reverse shoulder device designed to restore arm movement. Increased instances of failure have led to a massive recall of this medical device. Following the reports, many people who have been affected by the recall have lodged lawsuits against the product manufacturer, Zimmer Biomet, Inc. The company is a leading designer, manufacturer and marketer of orthopedic products in the US. The three types of claims associated with recalled products are:
• Defective manufacture claim
• Failure to warn claim
• Defective design claim
The failure to warn claim occurs when the product manufacturer fails to notify or educate users on the defect and risks associated with using the recalled product. Under the defective design claim, the product manufacturer is held responsible for failure to provide adequate information on product development along with failure to test and foresee defects that may arise in the event the product fails. With regards to defective manufacture claim, the manufacturer is held liable for defects arising from poor manufacture and lack of proper …show more content…
The distribution was done over a period of 7 years. The lawsuit against Zimmer Biomet was first was filed in 2014 by a man who had received two shoulder implants, the first one in 2009 and the other in 2010. The two devices failed within a few years. For recourse, the patient was forced to undergo additional surgeries to replace the faulty devices. This Zimmer Biomet shoulder lawsuit was settled for $350,000 in 2016. Following the recalls, the FDA has classified Zimmer Biomet shoulder lawsuits Class 1 recall; the highest recall category because the device could result in