Couple suing medical-device manufacturer for alleged negligence

By Jenie Mallari-Torres | Dec 18, 2018

CHARLESTON — A couple is suing Smith & Nephew Inc. and Smith & Nephew PLC, medical device manufacturer, citing alleged breach of implied warranty, design defect, failure to warn, negligence and strict liability.

Philip and Brenda Ruddle filed a complaint in U.S. District Court for the Southern District of West Virginia against the defendants alleging that they breached the professional standard of care and treatment.

According to the complaint, the plaintiffs allege that Philip Ruddle was admitted to St. Francis Hospital in Charleston, West Virginia, for the purpose of undergoing a left total hip replacement, after which he suffered complications such as discoloration in his lower left leg and swelling up to his groin, while his blood lab results showed alarmingly elevated chromium and cobalt levels that were released into his bloodstream from defendant's R3 metal liner and R3 System used during the total hip replacement surgery. As a result, plaintiff suffered severe and debilitating injuries, economic loss, cost of medical care and rehabilitation, lost income and pain and suffering. 

The plaintiffs hold Smith & Nephew Inc. and Smith & Nephew PLC responsible because the defendants allegedly failed to accurately establish the life expectancy of its products, failed to conduct complete device investigations and continued to inject defective products into the stream of commerce despite knowledge of its flaws.

The plaintiffs request a trial by jury and seek judgment against defendant for compensatory and punitive damages, restitution and disgorgement of profits, costs of proceedings, and further relief as this Court deems just. They are represented by Tony L. O’Dell of Tiano O'Dell PLLC in Charleston and Eric T. Chaffin and Roopal P. Luhana of Chaffin Luhana LLP in Weirton.

U.S. District Court for the Southern District of West Virginia Case number 18-cv-01391

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