[robert]

I assume the lens was dropped or somehow damaged in a way to make the focal plane uneven, objects on the right side of the frame appear softer or OOF.

I would not recommend trashed it, I had my DA 40mm XS repaired for a reasonable price at my local camera store, now it's one of my most used lenses on a K-5, KP, even my K-1. There is a thread demonstrating just how good of a lens it can be

The lens was not dropped . It was hardly used,

[ZombieArmy]

This is certainly not the average performance of this lens. While this lens isn't razor sharp at 2.8 it should be usable, while yours is still iffy at f8

Example of the 40xs at f2.8