Depuy Orthopedics and J&J sued over knee bone cement

NEW ORLEANS – A woman is suing a bone cement manufacturer claiming the product was defective and has caused her to need additional surgery.

Laurie Brocato filed suit against Depuy Orthopedics Inc. and Johnson & Johnson in the Orleans Parish Civil District Court on July 24.

Brocato claims that within three years from surgery one of her knees needs to be operated on again due to a failure with the defendant’s product. The plaintiff also claims that her other knee has begun to show the same symptoms as the knee that needs to be reconstructed again, so she fears she will need to have surgery on both knees again due to the alleged failure of the defendant’s product.

The defendant is accused of failing to comply with federal requirements for the medical device, failing to use an alternative product when the defendant knew or should have known of the product's defect, failing to provide an adequate warning about the product, and failing to conform to an express warranty.

The plaintiff is seeking an unknown amount in damages for serious physical injury, harm, economic loss and future medical expenses.

Laurie Brocato is represented by Edward J. Lilly from the firm of Crull, Castaing & Lilly in New Orleans.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2014-07299.