A Wyoming woman recently filed a lawsuit against major medical device manufacturer DePuy, alleging that she has suffered from injuries due to DePuy hip failure.

The plaintiff, Peggy A., alleges she was implanted with a DePuy ASR hip implant in her left hip in April 2009. Unfortunately, in the years following her implantation with this device, she began experiencing serious complications due to defects that eventually led to DePuy hip failure. According to her lawsuit, these injuries are “ongoing and continuing in nature.”

Allegedly because of her injuries, Peggy says she had the implant device explanted in surgery in September 2016. She has now turned to litigation, alleging that she was not adequately warned about the risk of DePuy hip failure—and that, had she been properly warned, she would have chosen a safer alternative.

Peggy filed her DePuy hip failure lawsuit on Aug. 17, 2018, in the U.S. District Court for the Western Division of the Northern District of Ohio. The DePuy hip failure lawsuit was filed on multiple counts, including negligence, defective design, manufacturing defect, failure to warn, breach of express and implied warranties, fraud and deceit, and several others. Peggy’s husband Richard also filed on one count of loss of consortium.

Peggy is far from the first to file a hip implant lawsuit over DePuy hip failure or other related side effects. Indeed, more and more patients who have been undergone revision surgery due to DePuy hip implant failure are filing lawsuits, alleging that the manufacturer failed to adequately warn about the risk. While filing a lawsuit cannot reverse the damage done by side effects of DePuy hip implant failure, it can provide some financial compensation to help with medical expenses and lost wages.

A slew of DePuy hip failure lawsuits have been consolidated into multidistrict litigation, or MDL. Lawsuits included in an MDL are those with similarities, and combining them can speed up the litigation process.

The U.S. Food and Drug Administration (FDA) issued a recall of the DePuy ASR hip implant device back in August 2010, affecting around 93,000 total hip implant devices across the world. Around a third of these recalled devices were implanted in American patients.

Filing a DePuy Hip Failure Lawsuit

Plaintiffs claim that DePuy failed to adequately warn both the public and the medical community about the risks associated with the DePuy ASR hip implant system, including DePuy hip failure and metallosis. Had plaintiffs known about the risks linked with the DePuy ASR hip implant system, lawsuits claim, they would have chosen a safer alternative and avoided these complications altogether.

If you or someone you love has suffered from hip implant side effects or DePuy hip failure, you may be able to file a lawsuit. While filing a lawsuit cannot take away the pain and suffering caused by a defective hip implant, it can help to alleviate the financial burden caused by medical expenses and lost wages.

The DePuy Hip Failure Lawsuit is Case No. 1:18-dp-20063-JJH, in the U.S. District Court for the Western Division of the Northern District of Ohio.