On Aug. 30, 2017, a DePuy hip replacement lawsuit was filed in U.S. District Court for the Northern District of Ohio, Western Division. The plaintiff, Lynda K., is the executor of the estate of William P., decedent in the case who passed away allegedly because of his injuries he sustained after having his right and left hips implanted with DePuy ASR hip prosthetics.

With this action, Lynda K. effectively joins multidistrict litigation (MDL) No. 2197, which is pending in an Ohio federal court. The plaintiff and decedent were both citizens and residents of the state of Pennsylvania.

According to the documentation in this DePuy hip replacement lawsuit, the late William P. had his left hip replaced with a DePuy ASR hip prosthetic on Feb. 23, 2009 at Wellspan York Hospital in York, Pennsylvania.

Six months later on Aug. 14, 2009, the decedent had his right hip replaced at the same hospital with a DePuy ASR hip prosthetic. Both surgeries were undertaken by Dr. Gracia Etienne.

The DePuy hip replacement lawsuit states that the decedent suffered higher chromium and cobalt levels in the blood, physical pain and suffering, mental anguish and loss of enjoyment of life, loss of consortium, and death, among many other adverse effects of the prosthetic implants. Lynda alleges the hip prosthetic units failed and there was a need while he was still living to explant them, but his wrongful demise occurred before this could happen.

The plaintiff in the DePuy hip replacement lawsuit is suing because she believes the deceased to have been injured by the medical devices. She is holding DePuy Orthopaedics and Johnson and Johnson Inc. ultimately responsible for the wrongful death of William P. and is taking survivorship action against them. Lynda K. claims economic setbacks and loss of consortium as well.

The legal documentation in the DePuy hip replacement lawsuit also states that there was no prior way that the decedent could have known that his bilateral ASR hip prosthetics were defective until they were recalled by the company and the Food and Drug Administration (FDA).

It also states that there was no way he could have known that his cobalt and chromium blood levels were high until this specific blood work was taken by the lab and reviewed by a doctor.

The plaintiff and executor of William P.’s estate, Lynda K., is bringing claims of wrongful death and survivorship claims, plus 21 other claims against the orthopedic subsidiary of Johnson and Johnson in this DePuy hip replacement lawsuit.

Some of them are as follows: Count One – Negligence; Count Two –Negligence Per Se; Count Three –Strict Products Liability, Defective Design; Count Four –Strict Products Liability, Manufacturing Defect; Count Five –Strict Products Liability, Failure to Warn; Count Six –Breach of Express Warranty; Count Seven -Breach of Warranty as to Merchantability; Count Eight –Breach of Implied Warranties; Count Nine –Fraudulent Misrepresentation; Count Ten – Fraudulent Concealment.

Other counts in this DePuy hip replacement lawsuit include: Count Eleven –Negligent Misrepresentation; Count Twelve –Fraud and Deceit; Count Thirteen –Unfair and Deceptive Trade Practices Under State Law; Count Fourteen –Misrepresentation by Omission; Count Fifteen –Constructive Fraud; Count Sixteen — Negligent Infliction of Emotional Distress; Count Seventeen –Gross Negligence/Malice; Count Eighteen — Loss of Consortium; Count Nineteen –Punitive Damages; Count Twenty –Medical Monitoring; Count Twenty-One – Violation of Ohio Consumer Fraud Statute; Count Twenty-Two –Restitution of All Purchase Costs and Disgorgement of All Profits.

Lynda K. is asking for a trial by jury with awarded compensatory damages according to proof provided, punitive damages levied against the defendants, and a return of all court costs and attorney’s fees.

The DePuy Hip Replacement Lawsuit is Case No. 3:17-cv-01825 in U.S. District Court, Northern District of Ohio, Western Division, Western Division.