A North Carolina couple is filing an ASR revision surgery lawsuit against the makers of the husband’s hip replacement device, claiming that he has suffered unnecessary pain and problems and needed ASR revision surgery.

Plaintiffs Anthony D. and Amy D. have filed this ASR revision surgery lawsuit against DePuy Orthopedics, the maker of Anthony’s DePuy ASR hip implant.

ASR Hip Implant Problems

The ASR hip implant made by DePuy underwent a massive recall in August 2010. At this time, the U.S. Food and Drug Administration announced that DePuy would institute a voluntary recall of its ASR hip implant device.

Since this recall was announced, thousands of hip implant lawsuits have been filed against the medical device manufacturer.

Plaintiffs in these DePuy lawsuits claim that there is an increased risk of cancer because of toxic chemicals and substances that can leak from these metal-on-metal devices. They also claim there is an increased risk of cardiomyopathy, a degenerative heart disease, non-cancerous tumors that surround the hip implant, as well as pain, swelling and inflammation.

Early failure of these hip implants has also occurred, which requires a complicated and dangerous ASR revision surgery. This puts patients at higher risk for complications, plaintiffs claim.

In February 2009, Anthony received a DePuy ASR hip implant in his left hip. However, according to this ASR revision surgery lawsuit, this implant caused him many problems.

He claims that he suffered from “pain, stiffness, discomfort and weakness which in turn negatively affected [his] mobility and quality of life and necessitated a revision surgery and the resultant pain following surgery and recuperation/ rehabilitation period and physical therapy.”

Anthony also claims that his ability to perform normal activities was limited. He says he suffered from anxiety about the recalled hip implant that still resided in his body, the toxicity of the device, and the fact that he needed constant medical monitoring.

As a result of this, he had the DePuy ASR hip implant explanted in June of 2017. He believes that this surgery was necessitated by a defective hip implant and that he could have never known that this device was dangerous until after the recall. The recall happened in 2010 and his original hip implant surgery was in 2009.

Anthony also believes he could never have known that he would suffer from dangerous levels of chromium and cobalt poisoning until after he had blood work done and was advised of the results, according to his ASR hip revision lawsuit.

Both he and his wife believe that they are entitled to compensatory damages for emotional distress and pain and suffering as well as punitive damages.

The plaintiffs are holding DePuy and parent company, Johnson & Johnson, responsible for negligence, negligence per se, defective design, manufacturing defect, failure to warn, breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, misrepresentation by omission, gross negligence and loss of consortium, among multiple others.

This ASR Hip Revision Lawsuit is Case No. 1:17-dp-20043-JJH, in the United States District Court for the Northern District of Ohio, Western Division.