An Auburn man is suing DePuy Orthopaedics, a unit of Johnson & Johnson based in Indiana, alleging that the company manufactured and sold faulty prosthetic hip-implant devices and concealed high failure rates for more than five years before recalling the product.

Jason Culleton of Auburn had one of the hip devices implanted in May 2008. The product was recalled in August 2010.

Because of pain and swelling, and elevated levels of cobalt and chromium in his bloodstream, Culleton had the device removed this month, according to the lawsuit, which was filed Thursday in U.S. District Court in Maine.

The device “had extraordinarily high rates of loosening, failure and release of dangerous metal debris, which caused plaintiff and other patients like him to develop complications necessitating removal of the ASR devices in ‘revision’ surgeries,” the lawsuit says.

DePuy Orthopaedics and its affiliated companies knew that the device was “ ‘too challenging’ from the perspective of the implanting orthopedic surgeon, that it was defective and presented abnormally high risks of early failure, that it generated unusual and dangerous levels of metal debris accumulation in many patients’ bodies, and that it caused other complications following implantation,” according to the lawsuit.

Culleton is alleging manufacturing defect, design defects, negligence because of a failure to warn and a failure to recall the product earlier, fraud and violation of Maine’s unfair trade practices act.

The product liability lawsuit says the complaint is a potential “tag-along” action and should be transferred to U.S. District Court for the Northern District of Ohio for inclusion in a broader case.

DePuy did not return calls seeking comment.


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