HOUSTON, TEXAS—Charlotte Mustard and her husband, Jeremy, filed suit today against DePuy Orthopaedics, Inc., DePuy Inc., DePuy International, Ltd., Johnson & Johnson, Inc., Johnson & Johnson Services, Inc. and Johnson & Johnson International, Inc., seeking compensation for injuries caused by the failure of Mrs. Mustard’s DePuy ASR Hip Resurfacing System. John David Hart of the Law Offices of John David Hart in Fort Worth, Texas, is the attorney representing Charlotte and Jeremy Mustard in the lawsuit filed in the United States District Court for the Northern District of Ohio – Western District.
DePuy Orthopaedics, Inc., a division of Johnson and Johnson, Inc., recalled its ASR Metal-on-Metal Hip Replacement Systems on August 24, 2010. The DePuy ASR Hip Resurfacing System and the DePuy ASR Acetabular System were included in the recall. DePuy identified reasons for the failure of the devices as component loosening, malalignment, infection, fracture of the bone, dislocation, metal sensitivity and pain. The DePuy ASR devices have also been associated with increased metal ion levels in the blood. Recent information published by the British Orthopaedic Association indicates that failure rates for the ASR devices may be as high as 49% at six years.
In January, 2008, at the age of 39, Mrs. Mustard underwent hip replacement surgery to have a DePuy ASR Resurfacing System implanted in her left hip. At the time of her surgery, Mrs. Mustard resided in the United Kingdom. The DePuy ASR Hip Resurfacing System was approved for sale in the United Kingdom but was not approved by the FDA for sale in the United States. A similar DePuy implant, the ASR Acetabular System was widely used in the United States.
Mrs. Mustard required surgery at a young age because she suffered from osteoarthritis from years of competitive swimming. Mrs. Mustard swam for the Great Britain Swim Team and for the University of Alabama. She is a former world record holder. Mrs. Mustard moved back to the United States in 2008 and is a member of the local Master Swimming Club.
Since the surgical implantation of the DePuy ASR, Mrs. Mustard has suffered severe and debilitating injuries, including hip pain, stiffness, twinges, heart palpitations and vision problems. She is deeply concerned about her long-term health and is devastated over the impact on her quality of life.
“Mrs. Mustard is among the thousands of people affected by a device that should not have been on the market,” said attorney John David Hart. “Her quality of life has been compromised and she can no longer compete in the sport that she loves so dearly. Mrs. Mustard was told that her ASR implant would last for 20 years and that its metal-on-metal design was superior to other hip devices on the market. ”
“The testing of the ASR system was completely inadequate,” said attorney John David Hart. “The design of the ASR was fundamentally flawed which has led to disastrous consequences for Mrs. Mustard and thousands of other patients. This never should have happened to Mrs. Mustard and could have been avoided if the device was safe and effective as promised. Medical devices should improve a person’s quality of life, not limit it.”
John David Hart and the Law Offices of John David Hart represent many individuals in the United States who have been injured as a result of this defective hip replacement system. The Law Offices of John David Hart is a group of experienced and dedicated legal professionals working to protect the rights of people wronged by the acts of others. Across the country, the firm represents individuals in cases of catastrophic personal injury, wrongful death, dangerous drugs and medical products, automobile and truck accidents and oil and gas litigation. For more information, please contact John David Hart at 800.961.4278 or johnhart@hartlaw.com or visit www.hiprecallinfo.com.
