DePuy and its parent organization Johnson & Johnson are being sued by a hip-replacement patient, according to pennrecord.com.
The suit against the orthopedic device manufacturer and its parent corporations claim liability for an alleged 2014 surgical product failure.
The website states that “Anthony Kinard, York, has sued DePuy Orthopedics Inc., Warsaw; DePuy Inc. of Delaware; Johnson & Johnson International of Delaware; and Johnson & Johnson of Brunswick, N.J.; in the U.S. District Court for the Eastern District of Pennsylvania July 13, claiming negligence and damages from an allegedly defective hip replacement device in August 2014.”
The Acetabular System hip replacement device was recalled Aug. 24, 2010, according to the complaint, due to a high failure rate and risk of injuries. Pennrecord.com states the ASR is described in the lawsuit as a metal device with a ball rotating within a cup.
“Kinard was fitted with an ASR when he underwent hip replacement surgery Sept. 13, 2007. The suit states that he required revision surgery Sept. 26 and Oct. 15, 2014; that the product was marketed without sufficient testing and aggressively promoted by the defendants; that it is prone to premature failure; and that it produces metallic debris that causes damage to muscles, tendons, and other tissues,” according to the website.
Kinard claims the replacement caused him injury including metal poisoning, risk of future complications, lost wages and earning capacity, medical expenses, pain and suffering, disfigurement, scarring and the loss of enjoyment of life.
Kinard’s lawsuit states the device “was and is unsafe, defective and dangerous,” and he charges the company with negligence and breach of warranties.
He is seeking monetary damages of more than $75,000, punitive damages, attorney’s fees, prejudgment interest and court costs.
(Story By The Times Union)
