DePuy ASR Hip Lawsuit Seeks Damages For Allegedly Defective Device

On December 22, 2011, Thomas P. Nugent filed his DePuy ASR hip lawsuit in California Superior Court in San Diego County. Nugent, a recipient of DePuy's ASR XL Acetabular System, claims that his implant was defective, and charges the defendants with failure to disclose information related to DePuy hip complications. The plaintiff asks the court for damages related to his injuries.

DePuy ASR Hip Lawsuit Claims Defective Implant

In his DePuy hip lawsuit, Nugent alleges that he received a "defective and unreasonably dangerous" joint replacement that caused him significant "pain and discomfort." The plaintiff claims that he will likely undergo DePuy hip revision surgery and device replacement to correct the problem. The device in question is the DePuy ASR XL Acetabular System, which the plaintiff received on October 17, 2007, less than three years before the DePuy ASR hip recall in 2010.

In his DePuy hip lawsuit, the plaintiff claims that at the time of surgery, he believed that the DePuy ASR XL Acetabular System was "safe and free from serious side effects." The plaintiff claims he was not aware of any risks associated with the device, which has been linked to bone and tissue damage, as well as joint inflammation. Through is DePuy hip lawyer, Nugent alleges that his implant has "impaired his ability to perform normal and enjoy regular activities."

DePuy ASR Hip Recall Issued

DePuy's ASR total hip replacement and resurfacing systems were first introduced in 2003. Within a few years, recipients of these devices had already reported implant loosening, bone fractures and metallurgy, or metal poisoning. In August 2010, Johnson & Johnson responded to this higher than average device failure rate and issued the DePuy ASR hip recall. By the time the recall was issued, more than 93,000 patients had already received the DePuy ASR hip replacement.

Failure to Warn Cited in DePuy Hip Lawsuit

Through his DePuy hip lawyer, Nugent alleges that DePuy Orthopedics and Johnson & Johnson committed breach of warranty, product liability, intentional misrepresentation, and failure to warn. His DePuy hip lawsuit asserts that the device's manufacturers were aware of problems with the ASR hip system, but did not disclose this information to the public in order to maintain sales. The plaintiff seeks treble and punitive damages, as well as interest and expenses, and asks the court for compensation of his lost wages, medical costs, and injuries.