New Yorker's suit against Depuy, J&J brought in St. Clair County

By Andrea Dearden | Apr 11, 2013

A St. Louis attorney is representing a New York man in a lawsuit against the makers of an allegedly defective replacement hip.

Roy Johnson, through St. Louis attorney John Driscoll, filed a lawsuit March 22 in St. Clair County Circuit Court against Depuy Orthopaedics Inc., DePuy Inc. and DePuy International Limited. Johnson & Johnson, Johnson & Johnson Services Inc. and Johnson & Johnson, International are also named as defendants.

According to the complaint, Johnson was implanted with a Depuy ASR XL Acetabular System in his hip at the NYU Langone Medical Center in New York City in October 2006. Johnson says he underwent revision surgery at the same hospital in September 2011 because the original hip replacement caused chronic pain and weakness that made daily activities difficult.

Johnson claims he learned after his surgery that the ASR system was recalled due to the risks of loosening of the implant, fractures of the bone around the implant and metal shavings from the implant being released into the body.

Johnson alleges DePuy, a division of Johnson & Johnson, knew its product design was defective yet continued to manufacture and market the ASR Acetabular System to doctors and patients. He contends the company failed to properly test the product and then warn consumers of the dangers of using its implant. DePuy and Johnson & Johnson are accused of negligence and fraud.

In his five-count lawsuit Johnson asks for more than $250,000 in damages for medical expenses, loss of income and court costs.

Attorney John Driscoll represents Johnson and multiple patients who have filed similar complaints against these defendants.

St. Clair County Circuit Court Case No. 13-L-154

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