CLEARWATER — A Pinellas County man is suing pharmaceutical companies, alleging breach of implied warranty and design defect of hip replacement devices.

Gregory Smith filed a complaint April 18 in Pinellas County Circuit Court against Medical Device Business Services Inc., formerly known as Depuy Orthopaedics Inc., Johnson & Johnson Inc., et al., alleging failure to create a product that was not unreasonably dangerous for its normal, intended use.

According to the complaint, in 2008, Smith suffered injuries and complications after undergoing total hip replacements using the defendants' Deput Pinnacle Device and Ultramet Device. Smith says he was not aware of the defective design, warnings, construction and unreasonably dangerous character of the devices that resulted in permanent damage to his hips. 

The suit says Smith has sustained physical impairment, disfigurement, mental anguish, loss of capacity for the enjoyment of life, lost wages and substantial medical expenses 

The plaintiff alleges the defendants designed and manufactured a defective product, failed to operate the product as marketed and advertised, and failed to alert physicians and patient recipients to the hazardous conditions associated with the devices.

Smtih seeks trial by jury, pre-judgment and post-judgment interest, actual damages, costs and expenses of suit and all other just relief. He is represented by attorney William L. Clark of The Clark Firm, PA in Bradenton.

Pinellas County Circuit Court case number 18CA002439




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