Beaumont woman files suit against DePuy over hip implant

Michelle Keahey, East Texas Bureau Aug. 29, 2011, 2:36pm

A Beaumont woman is suing the manufacturers of her hip replacement device, stating that had she known the device may only last two years she would not have chosen it.

Carrie Patrizi filed suit against DePuy Orthopaedics Inc. and Johnson & Johnson Services Inc. on Aug. 24 in the Eastern District of Texas, Beaumont Division.

Patrizi underwent hip replacement surgery in 2009 and had the ASR XL Acetabular implanted.

She argues that the defendants have known that their hip replacement devices are prone to fail within two years even though the products are represented as lasting more than 15 years.

According to the lawsuit, the implant's metal ball and socket bearings can generate debris from wear within approximately two years, which can spread throughout the patient's surrounding bone and tissue.

Patrizi states that had she known that Acetabular System would require a second surgery to remove the device, she would not have elected to have it implanted.

The defendants are accused of negligence, strict products liability including manufacturing defect, design defect, inadequate warning, failure to conform to representations, failure to adequately test, breach of express warranty, breach of implied warranty of merchantability, fraudulent concealment, intentional misrepresentation and negligent misrepresentation.

The defendants voluntarily recalled the ASR Hip Implant Devices in late August 2010.

The plaintiff is seeking damages for bodily impairment, medical expenses, loss of earnings, loss of consortium, disfigurement, pain and suffering, mental anguish, emotional distress, punitive damages, attorney's fees, interest and court costs.

Patrizi is represented by Zona Jones of Provost Umphrey Law Firm in Beaumont and Don Barrett and David McMullan Jr. of Barrett Law Group in Lexington, Miss.

A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:11-cv-00401

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