The Madison County Record Sep. 8, 2014, 8:25am

A McLean County woman is suing in Madison County over allegations she was implanted with a hip replacement product that doctors knew was defective.

Carole Owen filed the lawsuit against DePuy Orthopaedics Inc. of Warsaw, Ind., DePuy International Limited, Johnson & Johnson of New Brunswick, N.J.; Dr. Thomas Schmalzried, Vail Consulting of San Francisco, and Dr. Thomas Park Vail on Aug. 21 in Madison County Circuit Court.

According to the complaint, Owen underwent a hip replacement procedure and was fitted with a DePuy XL Acetabular System, or ASR. She says the manufacturers and surgeons who suggested she use an ASR promoted the system as being safe and effective for hip replacements. Owen says they failed to disclose a history of mounting problems that had allegedly caused the product to fail in other patients.

Owen contends the defendants knew the hip replacement products they were manufacturing, selling or implanting were defective and likely to break or malfunction and cause patients significant injury. She alleges they knew of the dangers but have failed to warn consumers. As a result, Owen says she agreed to use the hip implant that eventually failed and caused her serious injuries.

Owen accuses the defendants of negligence, strict liability, intentional infliction of emotional distress and failure to warn. She says they also violated the Illinois Consumer Fraud Act. She seeks more than $300,000 in damages from each of the defendants to compensate for lost wages, medical costs, pain and suffering, mental anguish and disfigurement.

Attorney Roy C. Dripps of Armbruster, Dripps, Winterscheidt & Blotevogel in Alton represents Owen. They seek a jury trial.

The case number is Madison County Circuit case 14-L-1175.

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