A plaintiff from Maryland has added her hip implant lawsuit to the multidistrict litigation over DePuy Orthopaedics’ Pinnacle artificial hip system.
Plaintiff Eileen L. of Maryland says she was implanted with a Pinnacle Acetabular Cup System in February 2009. She alleges the Pinnacle artificial hip led to pain, discomfort, difficulty walking, and hip implant metal poisoning. She later underwent revision surgery in August 2013.
Eileen is now suing DePuy Orthopaedics and Johnson & Johnson, the companies responsible for designing, manufacturing and marketing the Pinnacle artificial hip she received.
As part of her hip implant lawsuit, Eileen argues that DePuy and J&J used a special shortcut to FDA approval that allowed them to bypass full clinical testing of the Pinnacle artificial hip. She says the Pinnacle system was approved through what’s known as the 510(k) process under the Medical Device Amendments to the Food, Drug, and Cosmetics Act of 1938.
The 510(k) process allows the FDA to approve a medical device for sale if it is “substantially equivalent” to some other, previously approved device. The defendants sought and received approval under section 510(k), based on their own assurance that the Pinnacle was “substantially equivalent” to an older device. Eileen believes this allowed the Pinnacle artificial hip to hit the market without having been properly evaluated for safety and effectiveness.
Reports of Pinnacle Hip Implant Complications
Since releasing the Pinnacle for sale, the defendants have received over 1,300 adverse event reports related to it, including over 250 such reports in the first three months of 2011 alone, Eileen says. Despite those reports, DePuy and J&J have not recalled the Pinnacle, nor have they publicized these reported problems, Eileen says.
Had the Pinnacle been properly evaluated, Eileen believes, its alleged problems would have been discovered sooner. Instead, aftermarket reports revealed that the metal on metal hip replacement was followed by cases of hip implant metal poisoning. Other reports cited problems like pseudotumors, loosening of the artificial hip, pain, and a high rate of failure.
Eileen argues that as a metal on metal hip replacement, the Pinnacle is defectively designed, making it unsuitable for its intended purpose. She believes that defendants DePuy and J&J had information about the problems associated with the Pinnacle system yet purposely concealed that information from the public.
Eileen’s hip implant lawsuit raises claims based on theories of negligence, defective design, defective manufacture, failure to warn, breach of warranty, fraud, misrepresentation, and violation of state laws against unfair and deceptive trade practices. She seeks compensation in the form of compensatory and punitive damages to cover her injuries, emotional distress and medical expenses. She is also asking for reimbursement of her attorneys’ fees and costs of litigation.
This claim is part of a multidistrict litigation, or MDL, that focuses on problems with the DePuy Pinnacle artificial hip. This MDL is a collection of individual hip implant lawsuits from patients who suffered hip implant metal poisoning and other complications after receiving a Pinnacle metal on metal hip replacement.
The De Puy Pinnacle Lawsuit is Case No. 3:15-CV-04047-K in the U.S. District Court for the Northern District of Texas. The DePuy MDL is In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, Case No. 2244, in the U.S. District Court for the Northern District of Texas.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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Join a Free Metal Hip Replacement Class Action Lawsuit Investigation
If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.
An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
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- What year did you/your loved one receive a metal on metal hip implant?*
- Was the original hip implant surgery after January 1, 2009?*
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- Did you/your loved one need revision surgery?*
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- If applicable, what year did you/your loved one have your original hip implant replaced?
- Please select which symptoms you or your loved one were medically diagnosed with:*
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Failure of the metal on metal hip implant requiring early replacement.
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Dislocated Hip.
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Leaking of toxic substances in your bloodstream from your hip implant like chromium or cobalt.
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Cancer.
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Degenerative Heart Disease or Cardiomyopathy.
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Loss of bone strength or structure which can result in bone fractures.
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Tissue death for any tissue surrounding the implant.
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Non-cancerous tumors or pseudotumors around the hip implant.
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Cobalt poisoning.
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Metallosis or metal poisoning due to chromium or cobalt particles from the hip implant leaking into nearby tissue or the patient’s bloodstream.
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Not Listed (please detail the symptoms in the comments section if this is selected.)
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