Allegedly defective hip implant device leads to lawsuit against Ochsner Medical Facility

Tia Benton Oct. 26, 2012, 5:38am

John D. Sileo

NEW ORLEANS – A resident of St. Charles Parish is suing the manufacturer, seller, installers and users of a defective hip implant device allegedly used on the petitioner in surgery.

A. Del Barnes Jr. filed a lawsuit against Mark Starring and Associates, Inc., Mark Starring, Ochsner Baptist Medical Center f/k/a Memorial Medical Center, Depuy Orthopedics, Inc. and Johnson & Johnson. Barnes claims that the defendants, in order to "maximize profit and minimize losses" from product failure, neglected to remove defective hip devices from the market.

The plaintiff claims he has been exposed to high levels of metal ions leading to constant medical monitoring of the plaintiff.

The defendants are accused of strict liability, negligence, intentional tort and breach of warranty.

An unspecified amount is sought for pecuniary and non-pecuniary damages permitted by law including, but not limited to, emotional distress, physical pain and suffering, cost of medical evaluation, treatment, explanation surgery, and medical monitoring and loss of earnings.

The plaintiff is represented by John D. Sileo of New Orleans-based Law Offices of John D. Sileo.

This case has been assigned to Division J Judge Paula A. Brown.

Case no. 2012-7910.

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