Lawsuit Alleges Femoral Nail Failure Caused Permanent Physical Impairment

Complaint indicates complications from the failed implant have limited the plaintiff’s daily activities and reduced his overall quality of life.

A product liability lawsuit has been filed against the manufacturers of an orthopedic femoral nail, alleging the device was defectively designed and failed after implantation.

The complaint (PDF) was originally brought by Dwayne Davis in California Superior Court on February 20. It names Carbofix Orthopedics Ltd., Carbofix Orthopedics Inc. and other unidentified entities as defendants. The case was removed to the U.S. District Court for the Northern District of California on April 10.

Davis claims the manufacturers failed to adequately test the femoral nail implanted in his femur or warn about the risks of fracture, instability and other complications, which resulted in permanent physical impairment, diminished quality of life and significant economic and non-economic damages.

A femoral nail, also known as an intramedullary nail, is a metal rod surgically inserted into the center of the femur, or thigh bone, to stabilize fractures and support proper alignment during the healing process. The device is typically secured with screws at each end and is commonly used in cases involving severe breaks or trauma, as it allows patients to bear weight sooner and promotes internal bone healing.

However, femoral nails can present serious risks if they are defectively designed, improperly implanted or fail over time. Potential complications include device fracture, loosening, migration or bending, which may interfere with bone healing. Patients may also experience chronic pain, reduced mobility, nerve damage or the need for additional surgeries to remove or replace the implant. 

In severe cases, such as those outlined in Davis’s complaint, the device failure may result in permanent physical impairment.

Femoral Nail Failure Allegations

According to the complaint, Davis underwent surgery to treat a femur fracture, during which a Carbofix Inc. femoral nail device was implanted to stabilize the bone and promote healing. 

However, Davis claims he began experiencing complications following implantation of the femoral nail, including pain, reduced mobility and signs of device failure. The lawsuit alleges the implant did not provide adequate support to the fractured bone, ultimately compromising the healing process.

As a result of the alleged failure, Davis indicates he suffered significant physical injuries, requiring additional treatment and resulting in permanent impairment. The complaint states these complications have affected his ability to perform daily activities and diminished his overall quality of life.

The lawsuit alleges the defendants failed to adequately test the femoral nail prior to bringing it to market, failed to identify and correct design defects and failed to provide adequate warnings to physicians and patients about the risks associated with the device.

“As a direct and proximate result of the Femoral Nail’s failure, Plaintiff suffered loss of fixation, malangulation, inability to bear weight, severe pain, and ultimately required removal of the femoral nail and replacement of the proximal femur with a prosthetic implant.”

– Dwayne Davis v. Carbofix Orthopedics Ltd. et al

The complaint raises allegations of strict product liability, manufacturing defect, design defect, negligence, failure to warn, breach of express warranty, and breach of implied warranty. It is seeking damages for permanent or temporary disability, emotional distress, loss of earnings, loss of capacity to earn income, and loss of homemaking services.

Orthopedic Implant Lawsuits

Davis’s case highlights broader concerns surrounding orthopedic implants, particularly devices used to stabilize fractures in weight-bearing bones like the femur.

A Biomet Phoenix ankle nail lawsuit filed last year claims those devices may also be defectively designed and prone to failure after implantation. In that case, the plaintiff argued that the ankle nail’s manufacturer failed to adequately test the system or warn surgeons and patients about potential risks associated with the device. As a result, the plaintiff reported that he suffered excruciating pain and swelling in his right ankle for months, before undergoing a revision procedure.

With similar allegations raised in other cases, product liability attorneys continue to seek accountability for injuries allegedly caused by defective fixation and implant systems.

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