A new lawsuit has been filed in federal court in response to the DePuy ASR recall of the well-known hip prosthetic implant.

The lawsuit, filed by plaintiff Josephine P., joins Multidistrict Litigation (MDL) No. 2197—DePuy ASR Hip Implant Products Liability Litigation.

The 80-year old plaintiff is a citizen and resident of the state of North Carolina. She heard of the DePuy ASR recall and alleges she suffered injuries after the prosthetic was implanted and further medical expenses and pain and suffering after the device was removed from her right hip.

The Plaintiff’s Prosthetic Experience

According to the lawsuit, when the patient was 68-years-old, she was implanted with the DePuy ASR hip prosthetic on her right side. This surgery took place at Duke University Medical Center in Durham, N.C. The plaintiff alleges that the prosthesis caused innumerable medical issues including difficulty with walking, chronic pain and inflammation.

Because of ongoing difficulties and news of the DePuy ASR recall in 2010, Josephine P. was subjected to a blood test which confirmed excessive cobalt and chromium levels in her blood. This is a condition known at metallosis and is linked to the shedding of debris from the hip implant, according to the complaint.

The ASR hip implant was removed from the plaintiff in May 2017. This surgery involved complete removal and replacement with another prosthetic. According to the original MDL, those who have to have the hip implant removed often experience bone loss and leg length discrepancies as well as take on risks associated with total hip arthroscopy such as dangerous blood clots.

The plaintiff is bringing the following actions against DePuy Orthopaedics Inc. and Johnson & Johnson, its parent company, in response to the DePuy ASR recall:

Negligence, Negligence Per Se, Strict Products Liability—Defective Design, Strict Products Liability—Manufacturing Defect, Strict Products Liability—Failure to Warn, Breach of Express Warranty, Breach of Implied Warranty as to Merchantability, Breach of Implied Warranties, Fraudulent Misrepresentation, Fraudulent Concealment, Negligent Misrepresentation, and Fraud and Deceit.

Additionally, she is bringing these actions against the defendants:

Unfair and Deceptive Trade Practices under State Law, Misrepresentation by Omission, Constructive Fraud, Negligent Infliction of Emotional Distress, Intentional Infliction of Emotional Distress, Gross Negligence/Malice, Punitive Damages, Medical Monitoring, Violation of North Carolina State Consumer Fraud Statute, Restitution of All Purchase Costs and Disgorgement of All Profits that Plaintiff Incurred in Purchase of the Hip Implant.

The plaintiff is seeking compensatory damages, punitive damages, statutory damages for state law violations, medical monitoring, and a complete return of all costs associated with litigation including attorney and court fees as well as miscellaneous charges.

The Deput ASR Recall Lawsuit is Case No. 3:17-cv-01825 in U.S. District Court, Northern District of Ohio, Western Division.