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This case was last updated from PACER on 06/22/2021 at 14:51:07 (UTC).

Blank v. DePuy Orthopaedics Inc et al

Case Summary

On April 23, 2021, Lonny S. Blank (“Plaintiff”) represented by Jeffrey A. Milman of Hodes Milman LLP filed a personal injury lawsuit against Depuy Orthopaedics, INC., Johnson & Johnson Health Care Systems INC., Thomas P. Schmalzried M.D., Thomas P. Schmanlzried, M.D., and A Professional Corporation (collectively, “Defendants”) seeking compensatory damages for the alleged injury caused due to defective hip replacement device of the Defendants. This case was filed in the U.S. District Court for the Northern District of Texas with Judge Ed Kinkeade presiding. 

 

In the complaint, the Plaintiff has alleged that "Since 2002, Defendants have known that their hip replacement device - the Pinnacle® Acetabular Cup System (hereinafter the “Pinnacle Hip”) - is prone to fail within approximately two years of implantation despite the fact that such hip implant devices are designed to last more than fifteen years. They have also known that the implant’s metal “ball” and “socket” bearings that make up the hip-joint generate metal debris over time from wear and tear that can spread throughout the patient’s surrounding bone and tissue. As a result of these defects, patients that have had the devices implanted have endured, or will endure, unnecessary pain and suffering; debilitating lack of mobility; inflammation causing damage or death to surrounding tissue and bone; and a subsequent more difficult revision surgery to replace the faulty devices giving rise to more debilitation, a prolonged recovery time, and an increased risk of complications and death from surgery.”

 

The Plaintiff has further alleged that “Defendants have continued to receive hundreds of similar complaints since 2002 reporting that the Pinnacle Hip had failed and forced patients to undergo painful and risky surgery to remove and replace the failed hip. By June 2006, Defendants received 50 complaints related to the Pinnacle Hip. Consequently, Defendants were fully aware that the Pinnacle Hip was defective and that dozens of patients already had been injured by the Pinnacle Hip. Based on this information, Defendants should have recalled the Pinnacle Hip in 2006. At a minimum, Defendants should have stopped selling the defective implant when it became aware that it had catastrophically failed in patients. Over the next two years patients continued to report failures of the Pinnacle Hip. By the end of 2008, Defendants received more than 430 reports, and by the end of 2009, that number skyrocketed to almost 750.”

 

There are five causes of action laid down by the Plaintiffs for relief. The first cause of action is for alleged strict product liability against all defendants. The second cause of action is for alleged negligence against all defendants. The third cause of action is for alleged breach of implied warranty. The fourth cause of action is for alleged breach of express warranty. The fifth cause of action is for the alleged breach of Song-Beverly Consumer Warranty. 

 

In the prayer for relief, the Plaintiff has requested the Court to award Past and future medical and incidental expenses, past and future general damages, punitive and exemplary damages, interests, fees, cost and such other relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00932

  • Filing Date:

    04/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Northern District

Judge Details

Presiding Judge

Ed Kinkeade

 

Party Details

Plaintiff

Lonny S Blank

Defendants

DePuy Orthopaedics Inc

Does 1 through 20, Inclusive

DePuy Inc

Thomas P Schmalzried, MD

Johnson & Johnson Health Care Systems Inc

Special Master

Special Master

Attorney/Law Firm Details

Plaintiff Attorney

Jeffrey A Milman

Attorney at Hodes Milman LLP

9210 Irvine Center Drive

Irvine, CA 92618-4661

Defendant Attorneys

Michael V Powell

Attorney at Locke Lord LLP

2200 Ross Avenue, Suite 2800

Dallas, TX 75201-6776

Jessica D Miller

Attorney at Skadden Arps Slate Meagher & Flom LLP

1440 New York Ave Nw

Washington, DC 20005

Terri Bruksch

Attorney at Barnes & Thornburg

11 S Meridian St

Indianapolis, IN 45204

Special Master Attorney

James M Stanton-2244

Attorney at Stanton LLP

1717 Main Street, Suite 3800

Dallas, TX 75201

 

Court Documents

#4

(#4) ***DISREGARD, summons not to be issued*** Proposed Summons. (Milman, Jeffrey) Docket text modified on 4/23/2021 (twd). (Entered: 04/23/2021)

#3

(#3) ADDITIONAL ATTACHMENTS to #1 Complaint,,,,, by Plaintiff Lonny S. Blank. (Milman, Jeffrey) (Entered: 04/23/2021)

#2

(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lonny S. Blank. (Milman, Jeffrey) (Entered: 04/23/2021)

#1

(#1) COMPLAINT WITH JURY DEMAND against All Defendants filed by Lonny S. Blank. (Filing fee $402; Receipt number 0539-11830770) Clerk to issue summons(es). Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Milman, Jeffrey) (Entered: 04/23/2021)

 

Docket Entries

  • 04/23/2021
  • View Court Documents
  • Docket(#4) ***DISREGARD, summons not to be issued*** Proposed Summons. (Milman, Jeffrey) Docket text modified on 4/23/2021 (twd). (Entered: 04/23/2021)

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  • 04/23/2021
  • View Court Documents
  • Docket(#3) ADDITIONAL ATTACHMENTS to #1 Complaint,,,,, by Plaintiff Lonny S. Blank. (Milman, Jeffrey) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lonny S. Blank. (Milman, Jeffrey) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#1) COMPLAINT WITH JURY DEMAND against All Defendants filed by Lonny S. Blank. (Filing fee $402; Receipt number 0539-11830770) Clerk to issue summons(es). Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Milman, Jeffrey) (Entered: 04/23/2021)

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