A Lafourche Parish man and his wife are suing the Ochsner Clinic Foundation and Mark Starring and Associates in Orleans Parish Civil District Court after the man received a Depuy Orthopedics ASR hip implant which was later recalled.
New Orleans attorneys Frank Silvestri, John Massicot, Damien Savoie and John Sileo filed a petition for damages on behalf of David and Pamela Paisance on Dec. 16.
The suit claims that the defendants "must pay the costs of removal and all consequential damages" in regards to the hip implant. It claims Ochsner and Starring are "bad faith sellers" because "they knew or should have known" about the devices' defects.
David Plaisance was given the Depuy hip implant in April 2009. In August 2010, the U.S. Food and Drug Administration ordered Depuy to issue a nationwide recall of its ASR hip implant devices.
The lawsuit claims that Ochsner and Satrring are liable because they "disseminated false, misleading, incomplete and/or inaccurate information concerning the device, its relative safety, lack of adverse events and life expectancy to ... Plaintiff in particular encouraging the use of this device."
B.C. Brannon and Mark Starring are listed as the agents of service for Ochsner and Starring, respectively.
Orleans Parish Judge Lloyd Medley Jr. was assigned to this case.
Orleans Parish Case 2010-12544