Undergoing hip replacement surgery is taxing enough– but imagine if the device implanted was faulty, and the makers knew about it. That’s allegedly what happened to Pennsylvania couple Brian and Marybeth Kluck, who filed a product liability lawsuit against Johnson & Johnson unit DePuy Orthopedics Inc. on Dec. 26, 2013.

According to the hip implant lawsuit, Brian received a DePuy ASR hip implant on his right hip in April 2007.

“Following the implantation of the subject ASR hip implant, Plaintiff has suffered and/or is at risk to suffer personal and economic injuries as a result of the implantation with the ASR hip implant, including but not limited to: synovitis; mechanical complications left total hip replacement; tissue necrosis and inflammation; loosening of the prosthesis; chromium and cobalt toxicity and complications therefrom; future medical complications, including but not limited to the need for revision surgery(ies) and other medical treatment; past and future physical pain; disfigurement; past and future medical expenses; past and future mental anguish, anxiety, embarrassment, humiliation and loss of life’s pleasures; past and future loss of earnings and earning capacity,” the hip implant lawsuit says.

The couple didn’t immediately know that the complications could have been caused by a faulty hip implant until July 2013. According to their hip implant lawsuit, they “are entitled to recover compensatory damages for physical pain and suffering, emotional distress, anxiety, embarrassment, humiliation, loss of life’s pleasures, disfigurement, loss of consortium, medical expenses, loss of earnings and earning capacity other economic loss as well as punitive damages.”

Metal poisoning is a serious issue which can lead to a painful death—and is only diagnosed via a specific blood test.

Brian alleges in the hip implant lawsuit that he “has suffered and/or will suffer injuries as a result of implantation and likely future explantation of the DePuy ASR hip implant manufactured by Defendants as shall be fully set forth in Plaintiffs Fact Sheet and other responsive documents provided to the Defendants and are incorporated by reference herein.”

Brian still faces more revision surgeries, all of which haven’t been scheduled yet. Even for those with great health insurance, the deductibles, co-pays and other related fees can put a huge dent in anyone’s pocketbook.

Seeking Compensation

The silver lining is that the couple isn’t alone. Numerous other couples have banded together because when one partner suffers, the other is also impacted. Loss of earning potential, loss of affection, and loss of consortium all comes in to play. This is especially prevalent for victims of hip replacement complications, who are often in their golden years and don’t have a steady source of income.

In the case of this couple, they’re seeking compensation for compensatory damages, punitive and exemplary damages, all applicable statutory damages, medical monitoring, attorney’s fees, prejudgment interest and any other compensation the court deems appropriate. Should the case be transferred to ongoing multidistrict litigation, they will still be eligible for an individual trial by jury.

The DePuy ASR hip implant lawsuit is Brian W. Kluck, et al. v. DePuy Orthopedics Inc., et al., Case No. 1:13-dp-21566-DAK, in the U.S. District Court for the Northern District of Ohio, Western Division.