Hip replacement manufacturer sued for failing to warn of defects

Michelle Keahey, East Texas Bureau Aug. 27, 2012, 6:34am

TYLER - A man who had his hips replaced while in his 30s, has filed a lawsuit against the manufacturer of his hip replacement system for failing to warn of the device's defects.

Gary Dale Higgins filed suit against Depuy Orthopedics Inc. and Johnson & Johnson Inc. on Aug. 23 in the Eastern District of Texas, Tyler Division.

At the age of 37, Higgins underwent hip replacement surgery, with an ASR XL Acetubular System implanted in both hips in 2007.

He claims that since the surgery he has suffered symptoms that include cracking of bones, muscle damage, pain in the hip and leg and elevated cobalt in his system.

Higgins states that he was forced to have both implants replaced.

The defendant is accused of negligence, strict product liability, design defect, failure to warn, manufacturing defect, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, fraud, negligent misrepresentation and the violation of the Texas Deceptive Trade Practice Act.

The plaintiff is seeking an award of damages for medical expenses, physical pain and mental anguish, physical impairment, physical disfigurement, loss of earning capacity, punitive damages, attorney's fees, court costs and interest.

Higgins is represented by M. Raymond Hatcher and Alan H. Robertson of Sloan, Bagley, Hatcher & Perry Law Firm in Longview.

Case No. 6:12-cv-00571

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