PUNTA GORDA – A Port Charlotte woman alleges her hip joint implant is defective and failed prematurely.
Nora Carey filed a complaint on Jan. 26 in the 20th Judicial Circuit Court of Florida - Charlotte County against Johnson and Johnson Inc. and DePuy Orthopaedics Inc. alleging strict liability, negligence and other counts.
According to the complaint, the plaintiff alleges that on Oct. 17, 2006, she underwent a left hip replacement using defendant DePuy Orthopaedics metal-on-metal hip devices. Many years after, plaintiff alleges she began to experience hip and groin pain due to the alleged premature failure of the Pinnacle metal-on-metal implant and had to undergo another left hip revision surgery on April 25, 2016. As a result, she claims suffered physical and mental pain, loss of earnings and medical expenses.
The plaintiff holds parent company Johnson and Johnson Inc., and DePuy Orthopaedics Inc. responsible because defendant DePuy Orthopaedics allegedly misrepresented the Pinnacle System as safe and effective when they purportedly have known for years that the devices pose a danger to patients.
The plaintiff requests a trial by jury and seeks judgment in an amount of more than $75,000 together with costs, post-judgment interest, and such other relief as the court deems just and proper. She is represented by Brenda S. Fulmer and C. Calvin Warriner III of Search Denney Scarola Barnhart and Shipley, PA in West Palm Beach.
20th Judicial Circuit Court of Florida - Charlotte County Case number 2:17-cv-00051