A consumer who was implanted with an ASR metal on metal hip replacement has filed a lawsuit against DePuy alleging that their implants are prone to premature failure.

Plaintiff Lavender C. recently filed a lawsuit against DePuy and Johnson & Johnson, alleging that the ASR metal on metal hip replacement is prone to complications and premature failure necessitating revision surgery.

In April and May of 2007, Lavender underwent hip replacement surgery with ASR metal on metal hip replacement implants in her left and right hips, respectively. In August 2016, Lavender allegedly was diagnosed with metallosis from her AST metal on metal hip replacement implants and had them removed in a revision surgery.

According to the ASR metal on metal hip replacement lawsuit, implants such as Lavender’s are prone to failure due to metallic wear debris. The normal wear of components at articulation locations can reportedly release metal ions into the blood and surrounding tissue. This can cause serious complications including tissue death, metallosis, hip dislocation, pseudotumor, and other conditions necessitating revision surgery.

In August 2010, DePuy voluntarily recalled their ASR metal on metal hip replacement following reports that the device may require revision surgery to correct complications. The recall, which affected 93,000 implant worldwide, will protect future consumers but does not benefit consumers who have already been implanted with an ASR metal on metal hip replacement.

Consumers like Lavender could not have known about the risks associated with the ASR metal on metal hip replacement until the recall was announced, after their surgeries, alleges the lawsuit.

“The plaintiff could not have known that the injuries [she] suffered were as a result of a defect in the ASR hip implant until after the date the device was recalled from the market and the plaintiff came to learn of the recall,” the DePuy ASR lawsuit states.

Due to the failure of her ASR metal on metal hip replacement implants, Lavender allegedly experienced and continues to experience injury including the risk for further surgeries, continuous medical monitoring, and medical costs. Lavender claims that her injuries sustained from the implants were a direct result of a design defect which promoted the recall event, meaning that DePuy and Johnson & Johnson are liable for her injuries and continued costs.

Lavender also claims that DePuy should not have released their defective ASR metal on metal hip replacement implants if there was a design defect. In her lawsuit, she argues that the manufacturers knew or should have known about the defect before initiating the recall.

Lavender accuses DePuy and Johnson & Johnson of negligence, negligence per se, strict products liability – defective design, strict products liability – manufacturing defect, negligence, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, misrepresentation by omission, constructive fraud, infliction of emotional distress, gross negligence, and violation of consumer protection laws.

The DePuy ASR hip lawsuit seeks compensatory damages, punitive damages, statutory damages, medical monitoring, court costs, and attorneys’ fees.

The DePuy ASR Hip Lawsuit is Case No. 1:18-dp-20052-JJH and is part of the DePuy ASR Hip MDL, In re: DePuy Orthopaedics Inc. ASR Implant Products Liability Litigation, MDL No. 1:10-md-2197, in the United States District Court for the Northern District of Ohio.