Lawsuit alleges Depuy hip replacement device is defective

Michelle Massey Oct. 12, 2010, 9:58am


A Georgia resident is suing Depuy Orthopedics Inc. and Johnson & Johnson Services over an allegedly defective hip replacement device.

Virgil Lewis claims he was implanted with a Depuy ASR Acetabular Cup during a total hip replacement, according to a suit filed Oct. 6 in federal court in New Orleans.

He claims his wounds healed without infection, and that the device was properly positioned. But, he also claims he experienced pain and extreme weakness in his hip and quadriceps despite ideal conditions for the hip replacement.

He claims the device was defective by having a higher-than-expected failure rate and that the device is shallower than some similar devices.

The defendants are accused of failing to warn of the high rate of failures of its ASR cups, negligently designing, manufacturing, labeling and distribution of the device, strict liability for defective product, breach of implied and express warranty.

"The Depuy ASR Acetabular Cup manufactured and/or supplied by Depuy was defective due to inadequate warnings and/or inadequate trials, testing, study, inadequate exposure of the real risks inherent with the drug as determined by clinical trials, and inadequate reporting of the results of the clinical trials and post-marketing clinic experience with the devise," the lawsuit states.

Lewis states he and other patients will continue to suffer an increased risk of long term complications, pain and additional corrective surgeries because of the defective product.

He is seeking damages for severe emotional distress, mental anguish, economic losses, medical bills and expenses, lost ability to earn wages, impaired earning capacity, disfigurement, punitive damages, restitution and disgorgement of all revenues from the devices, interest, attorneys' fees and costs.

New Orleans attorney Jeffrey P. Berniard of Berniard Law Firm is representing Lewis. Lewis is also represented by Larry Centola of Martzell & Bickford in New Orleans.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:10-cv-03370

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