A couple recently filed a DePuy hip replacement lawsuit against DePuy Orthopaedics over allegations that they suffered severe adverse side effects and complications following the device’s implantation.

Plaintiffs Peter and Lisa H. filed the DePuy hip replacement lawsuit in Ohio federal court joining growing multidistrict litigation (MDL) against the company. The lawsuit was filed on Aug. 22. 2018 demanding jury trial.

According to the DePuy hip replacement lawsuit, Peter and his wife are residents and citizens of Virginia Beach, Va. He says that he was implanted with a DePuy ASR hip implant on his left hip on Nov. 19, 2008 at Sentara Leigh Hospital in Norfolk, Va.

However, due to adverse side effects he suffered, Peter had the ASR hip implant removed on June 21, 2018. Some of the side effects included excessive levels of cobalt and chromium in his bloodstream. This side effect is indicative of a faulty and defective device, the DePuy hip replacement lawsuit alleges.

The DePuy hip replacement lawsuit was filed on multiple counts including negligence, defective design, manufacturing defect, failure to warn, breach of warranty as to merchantability, breach of implied warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, unfair and deceptive trade practices under state law, misrepresentation by omission, negligent infliction of emotional distress, gross negligence, punitive damages, among others.

Overview: DePuy Hip Replacement

Thousands of reports have been announced over alleged side effects and complications linked to DePuy’s hip implants, a metal-on-metal hip replacement device known as the DePuy ASR XL Acetabular Cup component made of a cobalt-chrome-molybdenum (CoCrMo) metal.

While the hip implant device has been advertised as safe and durable, many patients implanted with the ASR XL Acetabular hip model have experienced severe complications and injuries leading them to revision surgery procedures. Side effects include the premature failure of the device.

Plaintiffs, such as Peter, who have filed DePuy hip replacement lawsuits allege that the device is defectively designed. The DePuy lawsuits cite studies that have shown that metal-on-metal hip replacement devices have high failure rates because of severe side effects. Complications include side effects such as metallosis, infection, immobility, and dislocation.

DePuy and other metal-on-metal hip implant device companies face numerous accusations from patients for negligence, fraud, gross negligence, and malice. Allegations also include failure to warn consumers of adverse complications that are associated with DePuy hip implants.

In fact, a recall announcement was made by the U.S. Food and Drug Administration (FDA) on Aug. 24, 2010. There were nearly 93,000 ASR hip implants recalled internationally as a part of this announcement. The recall was initially and voluntarily made by DePuy Orthopedics. There were almost also 37,000 devices recalled in the U.S.

The recall was issued after reports of complications, such as the increased risk of cancer, pain, swelling, severe discomfort, inflammation, and premature failure of the hip implant. The voluntary announcement was also made because of data released from the UK joint registry stating that 13 percent of DePuy ASR hip implants would require revision surgery much earlier than expected.

The DePuy Hip Replacement Lawsuit is Case No. 1:18-dp-20068-JJH, in the U.S. District Court for the Northern District of Ohio, Western Division. The DePuy Lawsuit is in re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, MDL No. 1:10-md-2197, in the U.S. District Court for the Northern District of Ohio, Western Division.