A Texas woman who received hip implants made by DePuy Orthopaedics is suing the medical device manufacturer for damages she says she has experienced since undergoing hip implant surgery. The lawsuit, which was filed on July 7 in the Eastern District of Texas, Marshall Division, alleges DePuy misrepresented its ASR XL Acetabular device and claims had the plaintiff known how faulty the hip implants were, she would not have the devices implanted.
The plaintiff had the ASR XL Acetabular System implanted in her right hip in July 2009 and in her left hip about seven months later. Shortly after the hip-replacement surgeries, she began experiencing cracking sensations and noises in her bones, intense pain, and difficulty standing and sitting. She also developed muscle damage and other symptoms associated with metallosis or metal poisoning, allegedly from metal particles that were released into her blood and tissues by the faulty metal-on-metal devices.
According to the Southeast Louisiana Record, this latest lawsuit asserts that the hip implant’s high failure rate is “due to the design of the Acetabular metal cup which is shallower than other similar devices. The cups include a beveled edge which reduces the surface arc that contacts with the femoral head.” Analysis of medical data involving DePuy hip implant patients found that 13 percent of the ASR XL Acetabular (total-hip) implants fail within 5 years.
DePuy recalled the device nearly a year ago, along with its ASR Hip Resurfacing System, which was not approved for use in the United States. Approximately 93,000 patients globally received one or more of the faulty implants, including some 37,000 patients in the U.S. alone.
The flawed design of the recalled hip implants causes “edge loading, metal debris, loosening of the device, misalignment of the device, and fracture of the device from the bone,” according to the Southeast Louisiana Record.
The plaintiff accuses DePuy of negligence, design and manufacturing defect, failure to warn, breach of warranty, fraud, negligent misrepresentation, and deceptive trade practices. She seeks an unspecified amount of compensatory and punitive damages.