KOSCIUSKO COUNTY — A suit has been filed against DePuy Inc. in Kosciusko Superior Court by a patient who allegedly received a defective hip implant. The case was filed Oct. 9.
The four-count complaint — damages, negligence, breach of warranty and loss of consortium, was filed by Karen and Jerry Jolley through Foley & Small attorneys, South Bend.
Court documents state May 7, 2007, Karen Jolley underwent surgery for a right hip replacement at which time a DePuy cementless, metal-on-metal total hip system component was used, which was manufactured by DePuy Inc. Documents state the component was in a defective and unreasonably dangerous condition from the time of manufacture and until it failed on or about Jan. 23, 2018. She underwent a right hip revision Feb. 6, 2018, and her injuries were proximately caused by the defective and unreasonably dangerous condition of the component.
The complaint alleges the plaintiff has suffered physical and mental pain and sustained physical injuries which may be permanent and continues to suffer physical and mental pain. She also incurred medical and hospital expenses and may incur additional expenses and damages in the future.
Karen Jolley in the first three counts seeks an amount that will compensate her for the injures and damages she sustained, past and future medical and incidental expenses, past and future loss of earnings and/or earning capacity, and past and future general damages. She is seeking a trial by jury in the counts involving damages and negligence.
The fourth count, loss of consortium pertains to her husband, Jerry Jolley. This count states as a proximate result of the actions of the defendant, he lost the services and consortium of his spouse. He is seeking a judgment against the defendant in an amount that will reasonably compensate him for the injures and damages sustained and for a trial by jury.