A husband and wife filed a metal hip implant lawsuit against against Johnson & Johnson’s division DePuy Orthopaedics, alleging the company made a defective metal-on-metal hip implant.

The hip replacement lawsuit filed by plaintiffs Gerald N. and Grace N. of South Carolina says Gerald  had a DePuy replacement hip implanted on April 5, 2006 when he was 62.  Due to alleged complications from the DePuy hip implant, it was removed this February. His alleged complications include failure of the implant and dangerous levels of chromium and cobalt in his blood.

Metal-on-metal hip implant problems

A metal-on-metal hip implant is a special class of artificial hip joint. When the cartilage and bone of the hip wears down from age, disease, or injury, surgeons can replace the joint with an implant, attaching to the top of the femur (upper leg bone) and the socket of the pelvis.

In most artificial hip joints, the interfacing surface is coated with medical-grade polymers or ceramic, which can withstand the rigors of the joint’s position.

However, in the 2000s, medical implant companies released hip implants with metal interfacing surfaces. Reports of complications and hip implant lawsuits led to recalls of metal-on-metal hip implants across different brands and models.

Metal-on-metal hip implant lawsuits like Gerald’s allege that these hip implants are inherently defective. Hip implant lawsuits allege that metal-on-metal hip implants have an unacceptable failure rate, failing more readily than other types of hip implant.

Additionally, while the metals that comprise the implant are usually safe for implantation in the human body, it is alleged that the grinding action of the interfacing surfaces of metal-on-metal hip implants can chip away microscopic particles of these metals.

These particles are said to react more readily than they would as an intact implant, potentially forming toxic metal ions. Gerald’s lawsuit says he had elevated of chromium and cobalt in his blood.

This metal-on-metal lawsuit alleges that metal-on-metal hip implants are defective, and DePuy knew — or reasonably should have known — about the risks metal-on-metal hip implant could pose to patients. Federal law requires the makers of medical implants to thoroughly test their implants for safety and efficacy.

However, metal-on-metal hip implants were able to exploit a loophole when their manufacturers claimed they were similar enough to existing hip implants to bypass testing. The lawsuit says that amounts to negligence.

The lawsuit seeks to recover the costs of past, present, and future medical care related to alleged metal-on-metal hip implant lawsuits as well as other damages allowed by law.

The Metal-on-Metal Hip Implant Lawsuit is Case No. 0242, in the MDL In Re: DePuy Orthopaedics Inc, ASR Hip Implant Products Liability Litigation, MDL No. 2197, filed in the United States District Court for the Northern District of Ohio, Western Division.