Hip Surgery Injures Man, He Claims

3-12-2013 14:41:00

SACRAMENTO, Calif. (CN) - A defective hip replacement product coupled with negligent medical care at a Kaiser Permanente hospital led to severe injuries, a man claims in a complaint filed in Sacramento Superior Court.

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Paul Herron, Jr. underwent a procedure at a Kaiser hospital in Sacramento County in July 2009 that involved using the Birmingham Hip Resurfacing System.
Kaiser used the first FDA-approved hip resurfacing system used in the U.S., as an alternative to a total hip replacement. The system has been used in 26 other countries and has been implanted in 60,000 patients since its introduction in the U.K. in 1997, according to manufacturer and co-defendant Smith & Nephew Inc.
Herron claims, however, the product is defective, in his complaint.
He said Smith & Nephew, along with retailers and distributors, is “strictly liable to the plaintiff."
Herron says he did not know the extent of his injuries until October of 2011 when he learned the defendants had “negligently cared for, diagnosed and treated him and failed to exercise the standard care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, etc., which proximately” caused his injuries.
Kaiser, Herron says, “impermissibly delayed, failed or were negligent in providing proper care resulting in severe injury to plaintiff Paul Herron, Jr.’s body,” the complaint states. “Defendants were further negligent in their failure to warn and inform plaintiff of risks incident to their treatment of plaintiff resulting in plaintiff’s injuries and damages.”
He is suing for medical malpractice and product liability and is seeking general damages, medical and incidental expenses and loss of earnings.
R. Parker White, of Poswell White & Cutler, represents Herron.