William Amato and his wife, Cynthia, have joined forces by filing a product liability lawsuit against DePuy Orthopaedics Inc. following William’s experience with an allegedly defective hip replacement manufactured by the company. Their hip implant lawsuit was filed on Nov. 1, 2013, and they have joined many other victims in an ever-growing multidistrict litigation (MDL) against DePuy.According to their hip implant lawsuit, William “was implanted with a DePuy ASR hip implant on his left hip on March 25, 2008. Following the surgery through the present time, plaintiff has suffered the following personal, economic and non-economic injuries and damages as a result of the implantation of the ASR hip implants: hospital and medical expenses, impaired earning capacity, conscious pain and suffering and emotional distress.” He says he was never told that the device could have as many complications as it does.
William had the hip implant removed on Aug. 21, 2013. The couple claims that “the plaintiff could not have known that the injuries he suffered were as a result of a defect in the ASR hip implant until after he became symptomatic. As a result of the injuries Plaintiffs sustained, they are entitled to recover compensatory damages for pain and suffering, emotional distress, loss of services and consortium as well as punitive damages.” His wife, Cynthia, qualifies for loss of consortium since she is experiencing economic losses and suffering from loss of companionship since her husband has been recovering.The couple is suing DePuy and seeking compensation for compensatory damages, punitive and exemplary damages, statutory damages, compensation for medical monitoring, attorneys’ fees and costs, prejudgment interest and costs of suit and any other relief the court may deem necessary.
Oftentimes, revisions and removals of hip implants are more painful and costly than the initial implant. In William’s case, he had to undergo an expensive hip revision surgery years after the initial system was implanted. Metal poisoning along with fretting and corrosion are more common than manufacturers claim, say the couple.
If not caught in time, metal poisoning can be lethal. The side effects can vary person to person, and some people don’t experience any symptoms at all.Hip implant victims like this couple claim that they’ve traded in one problem for a different one. To make matters worse, these devices and the surgical costs associated with them can be exponential, even for those with insurance. It’s a big decision to opt for a hip implant, and consumers assume that the manufacturers have adequately tested the devices and provided adequate warnings. Doctors, too, depend on warning information from manufacturers to make the best decisions for their patients.
When a company isn’t forthcoming, as this couple claims, people can end up choosing a device that may not be safe or the best option for a particular patient.
The DePuy Hip Replacement MDL is In re: DePuy Orthopaedics Inc., MDL No. 2197, in the U.S. District Court for the Northern District of Ohio, Western Division.
Have You Suffered from Hip Replacement Complications?
Have you had a hip implant surgery and suffered pain, suffering or metal poisoning? If you have, you might qualify for a hip implant legal claim. You can find out more about your options at the DePuy, Biomet, Wright Medical Technology & Others, Metal on Metal Hip Implant Class Action Lawsuit Investigation today. After you submit your information, an attorney will be in touch if you qualify for a hip implant claim review.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
Top Class Actions Legal Statement
