Elaine Goodman Sep. 4, 2015, 2:07pm


A knee replacement patient is suing an orthopedics business, alleging she needed a second surgery after a bone cement failed to properly attach the prosthetic knee in the first operation.

Loretta Baker of New Orleans filed a lawsuit May 20 in U.S. District Court for the Eastern District of Louisiana against Indiana-based Depuy Orthopedics Inc.. alleging the sale of defective bone cement and not adequately warning customers of the cement’s failure rate.

According to the complaint, Baker, 68 at the time, underwent a total left knee replacement in August 2012 and the surgeon used DePuy SmartSet GMV bone cement to attach the prosthetic knee to the patient’s bone. The suit says in September 2013, Baker went to her doctor about pain in the knee and a painful popping in the joint during physical therapy.

When the pain did not improve, Baker underwent a second knee surgery in July 2014, according to the lawsuit. The surgeon noticed there seemed to be plenty of cement in the joint but the cement had not attached the replacement knee to the patient’s bones, the lawsuit says, and the surgeon installed new knee components using a different brand of cement.

As a result of the initial unsuccessful surgery, the lawsuit alleges, Baker suffered pain, emotional distress, and economic harm, and faces further physical impairment and the possibility of more surgery in the future.

Baker seeks $1.5 million in damages plus legal costs. She is represented by attorneys Edwin Shorty Jr. and Nathan Chiantella of Edwin M. Shorty Jr. & Associates in New Orleans and Hope Harper of H.L. Harper & Associates, also in New Orleans.

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-01711-MLCF-MBN.

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