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News Release: Gluckstein Lawyers Launches Canada-Wide Class-action Lawsuit After Elbow Surgery Device Failures

A male patient receives physical therapy treatment from a male physiotherapist at a clinic. The clinician stretches the patient's shoulder and arm. Photo Credit: iStock

News Release: Gluckstein Lawyers Launches Canada-Wide Class-action Lawsuit After Elbow Surgery Device Failures

TORONTO, January 26, 2022/CNW/ – Gluckstein Lawyers has commenced a proposed class-action personal injury lawsuit alleging that the ExploR Modular Radial Head System medical device used in elbow surgeries across Canada resulted in permanent injuries and the need for corrective surgery.

The proposed class action is brought against Zimmer Biomet Holdings Inc., Biomet Orthopedics LLC, Zimmer of Canada Limited and Zimmer Cas on behalf of class representative Lynne Koss, who experienced an ExploR Modular Radial Head System device failure following elbow surgery in July 2017. Corrective surgeries were required in January and March 2020. Koss required further medical attention and physiotherapy following the surgeries, and continues to experience a decrease in her range of motion, discomfort, and permanent scarring, according to the statement of claim.

The plaintiff alleges the device was improperly designed, manufactured and tested, resulting in the screw backing out into the elbow. Similarly, thousands of Class Members have been or will be exposed to device failures, “causing them to suffer and continue to suffer from emotional, physical and psychological injuries,” requiring medical attention and complicated revision surgeries, according to the statement of claim.

Class Members, including the plaintiff, have experienced instability, swelling, inflammation, pain and stiffness that have impaired their ability to use their elbows/arms and otherwise perform their activities of daily living and employment, the claim states. These complications have allegedly resulted in ongoing pain and the need for future surgery and care.

“People rely on medical products to return to the life they were living before they were injured,” says Class-action lawyer Jordan Assaraf of Gluckstein Lawyers. “We are launching this lawsuit to help those who suffered carry on and move on.”

If you have experienced pain or complications from the ExploR Modular Radial Head System and would like further information about the lawsuit, please contact Gluckstein Lawyers at (416) 408-4252 or visit our website.

For further information, please contact: Jordan Assaraf: (416) 408-4252 x 280 or assaraf@gluckstein.com.



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