A California plaintiff is suing DePuy Orthopedics and its parent company, Johnson & Johnson, for allegedly selling him an unreasonably dangerous metal hip implant.
According to the metal hip implant lawsuit, this product allegedly caused plaintiff John M. to suffer debilitating injuries like metallosis and caused the patient to undergo a second, revision surgery to correct the damages.
Like millions of Americans in the United States, John had begun experiencing common aches and pains associated with aging. But after being diagnosed with osteoarthritis in his left hip, the he opted for a more proactive method of treatment, by choosing one of the defendant’s metal hip implant products.
After reviewing his case, the John’s physician had recommended this course of action after reviewing the defendant’s advertisements.
On Jan. 3, 2007, the plaintiff underwent total left hip replacement surgery and had initially reacted normally after the surgery. Also named in this hip implant lawsuit as a defendant, is Dr. David A. Dodgin, who was the surgeon who performed the procedure.
At the time of the surgery, Dr. Dodogin saw no immediate dangers or possible impositions the product could impose on his patient. Unfortunately, the surgeon’s assessment proved to be incorrect, as the plaintiff began suffering from debilitating pain and limited mobility for years.
For over the course of seven years, the plaintiff’s symptoms gradually grew worse to the point where she became nearly immobile and the most basic movements were painful.
After being examined by a different doctor, diagnostic testing was performed and had shown high levels of metal ions in the plaintiff’s blood.
On August 2014, John was diagnosed with metallosis, or blood-metal poisoning, and had started receiving the treatment he desperately needed. Due to the complications of the metallosis, infection, and overall device failure, John had to undergo complete left hip revision surgery on Oct. 15, 2014.
Overview of Metal Hip Implant Complications
It is important to note that the original metal-on-metal hip implant was extracted and replaced with a ceramic-on-metal hip implant, which reportedly has fewer chances of causing injury to patients.
At no point before or after the initial hip implant surgery, was the plaintiff aware of the possible complications associated with metal-on-metal hip implants.
Experts explain that the metal ball-and-socket joints of the device release metal ions into the blood, when they interact. This ultimately raises metal levels in the blood, leading to a variety of complications.
Metal-on-metal hip implants were extremely popular at the time they were first released, because they were advertised to be more durable and customizable compared to their ceramic or plastic counterparts.
Unfortunately, the manufacturing companies had failed to mention that these devices could possibly cause the release of metal ions, along with other major complications.
Additionally, the metal hip implants were reportedly approved by the FDA through the agency’s 510(k) process, which required no pre-clinical testing. This lack of clinical testing has greatly impacted the patient population and medical community, leading to the increase in metal-on-metal hip replacement lawsuits.
John is filing this metal hip lawsuit against Johnson & Johnson for allegedly causing him to suffer avoidable injuries, and criticizes Dr. Dodgin for not being aware of complications associated with metal-on-metal hip implants.
Furthermore, John states in his metal hip replacement lawsuit that the defendants had the responsibility to inform him and other patients of all possible dangers associated with their products. John insists that he never would have chosen the metal hip implant, if he knew about the possibility of metallosis.
For being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product, John is suing Johnson & Johnson and its subsidiary. The charges John is bringing against both defendants include: negligence, false advertising, concealing information, and misrepresenting a product.
This Metal-on-Metal Hip Implant Lawsuit is John M. v. Johnson & Johnson and Dr. David A. Dodgin, Case No. 4:15-cv-02723-DMR, in the U.S. District Court of Northern California, San Francisco Division.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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