Gold Coast, Australia – 19th September, 2017: Michael James Dodds, 62, wants up to $1 million in damages and relief from prosthetic hip manufacturer Johnson & Johnson Medical Pty Ltd, a subsidiary of pharmaceutical giant Johnson & Johnson.
He alleges he sustained personal injuries following a total left hip arthroplasty in February 2010 after being diagnosed with osteoarthritis.
In a statement of claim filed in the Southport District Court last month, the Burleigh Heads man said he developed “increased pain about the left hip region and a metallic taste in his mouth” about five years after having the Corail Stem Pinnacle Actuarial implant and 36mm metal articulation fitted.
In August 2014, he was required to have revision surgery on the hip due to metal and iron toxicity, the claim states.
Mr Dodds alleges the company responsible for manufacturing the implant, importing it into Australia and supplying it to the surgeon breached Australian Consumer Law by failing to provide a product that was fit for use and “merchantable quality”.
The claim states following the insertion of the Johnson & Johnson Medical manufactured implant, Mr Dodds sustained iron toxicity, psoas degeneration, osteolis of the femur, memory loss, pain and discomfort, damage to surrounding tendons in the groin area and anxiety and depression.
“The plaintiffs injuries were caused by the defendant’s ... negligence in failing to provide a suitable implant for use ...,” the claim states.
Mr Dodds is claiming $223,280 in damages for pain and suffering, expenses and economic loss.
Of that sum, he is also claiming $6000 for future medical and travel expenses.
In addition to the damages for pain and suffering, Mr Dodds is asking for further relief not exceeding $750,000 for negligence and breaches of the Australian Consumer Law in allegedly supplying faulty goods that caused the 62-year-old injury, loss and damage.
Lawyer for Mr Dodds, Bruce Simmonds, declined to comment. Johnson & Johnson Medical have not yet lodged a defence.
In 2016, a class action over another hip replacement device designed, manufactured and marketed by DePuy International, another subsidiary of Johnson & Johnson, was settled in Australia for $250 million.
There was no admission of liability by the makers of the ASR DePuy hip replacements as a part of the settlement.
The proceedings had been running since 2011 and were launched after a voluntary global recall of the ASR hip replacement when hundreds of patients were required to have early revision surgery. The action was one of the largest settlement payouts ever made in Australia.
There is no suggestion the ASR hip replacement is the same product as is the subject of Mr Dodds’ claim.
Source: http://www.goldcoastbulletin.com.au/news/crime-court/gold-coast-man-sues-johnson-johnson-over-dodgy-hip-implant/news-story/e8271aa2af10dcf4ae11ba240ea5cf03