Hospital sued for selling allegedly defective hip replacement

GRETNA – A local hospital is being sued by a patient who claims he received a defective hip replacement.

Louis M. Scholle filed suit against Ochsner Clinic Foundation in the 24th Judicial District Court on June 4.

Scholle claims that he received a DePuy prosthetic hip replacement that he received from Ochsner on Sept. 15, 2009. The plaintiff claims that before he received the hip replacement numerous studies had revealed that the DePuy device had numerous problems including failure of crucial mechanisms, metal debris found in patients, contributing the formation of tumors and resulting in hip fractures. In one study the lawsuit asserts that the DePuy device carried a four times the risk of similar devices for necessitating further surgery. On Aug. 24, 2010, DePuy issued a manufacturer’s recall on the hip replacement Scholle had received and mentioned that hospitals in charge of the implants should keep a close watch on their performance.

The plaintiff claims that he began to suffer severe discomfort and pain in the hip replacement and it was found that the device had failed and had to be removed on March 1, 2011.

The defendant is accused of selling a defective product, knowing of the defects, fraud and detrimental reliance.

An unspecified amount in damages is sought for economic losses, medical expenses, pharmaceutical expenses, injuries, disabilities and disruption of routine daily life.

Scholle is represented by Leola M. Anderson of the New Orleans-based Gertler Law Firm.

The case has been assigned to Division B Judge Cornelius E. Regan.

Case no. 727-595.