DePuy and hospital sued over allegedly defective implants

By Galia Binder | Mar 17, 2014

Darleen M. Jacobs

NEW ORLEANS – A local woman is suing DePuy Orthopaedics and Touro Infirmary for issuing and implanting implants she alleges are defective and cancer-causing.

Lillie Duroncelet filed suit against DePuy Orthopaedics Inc., Johnson & Johnson Services Inc., Touro Infirmary and Mark Starring and Associates Inc. in the Orleans Parish Civil District Court on Jan. 9, 2014.

According to Duroncelet, On Oct. 5, 2010, she had DePuy Pinacle/Summit implants, put in both hips. These hip implants were sold to Touro by Mark Starring and Associates. After the plaintiff received information that DePuy implants are medically unsafe, she had them taken out on Oct. 22, 2010. Duroncelet claims there are numerous studies showing DePuy implants contain chromium contamination and metal ion debris that cause site specific cancers and latent diseases affecting numerous body systems. Duroncelet claims she is required to participate in an early detection monitoring program to manage exposure to metal ions.

The plaintiff accuses defendants of international tort and negligent acts of omission. Duroncelet asserts the FDA has warned that DePuy devices are defective, should not be implanted, and show failure rates several times that of other devices.

The plaintiff accuses the defendants of having full knowledge of these messages, and continuing to act in concert to negligently promote the safety and sale of device. Duroncelet alleges Touro physicians also recommended Depuy devices over safer devices, in order to obtain a share of Depuy profits, sale and commissions.

Duroncelet is seeking unspecified damages for physical pain and suffering, mental anguish, emotional distress, costs of medical evaluation, treatment, explantation surgery and medical monitoring, disability, loss of earnings and loss of earning capacity.

The plaintiff is represented by attorney Darleen M. Jacobs of New Orleans.

The case has been assigned to Division M. Judge Paulette R. Irons.

Case no. 2014-00316.

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