Melissa LaFreniere  |  August 26, 2015

Category: Legal News

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pinnacle hip implant painA Connecticut man has filed a hip implant lawsuit against DePuy Orthopaedics and their parent company Johnson & Johnson over allegations that the Pinnacle metal-on-metal implant caused him to develop a pseudo tumor and metallosis.

Plaintiff Bernard M. alleges he underwent hip replacement surgery in 2009 to have the metal-on-metal DePuy Pinnacle implanted into his left hip. However, according to the plaintiff the hip implant released toxic metal ions into his bloodstream causing severe pain as well as mental anguish. By 2012, Bernard underwent an additional hip revision surgery in order to remove the allegedly defective hip implant.

The metal-on-metal hip implant lawsuit further claims that revision surgeries take longer than original hip replacement surgeries and have an increased risk of complications “often because there is a reduced amount of bone in which to place the new hip implants.”

Bernard is suing DePuy and Johnson & Johnson for allegedly violating the Connecticut Product Liability Act, claiming that the manufacturers knew or should have known that the DePuy Pinnacle hip implant was unsafe and posed a dangerous risk to users yet they continued to sell the product regardless.

He is seeking $75,000 in financial compensation for the pain and suffering he endured due to the alleged “defective and unreasonably dangerous” DePuy Pinnacle device.

Hip Implant Side Effects

The DePuy Pinnacle hip implant was approved through the U.S. Food and Drug Administration using a premarket approval process under section 510(k), which essentially “grandfathered” the medical device onto the U.S. market.

According to the hip implant lawsuit filed by plaintiff Bernard, “by telling the FDA that the DePuy Pinnacle’s design was ‘substantially equivalent’ to other hip products on the market, DePuy was able to avoid the safety review required for premarket approval under FDA regulations including clinical trials.”

However, since its release the U.S. Food and Drug Administration has received more than 1,300 adverse reports of hip replacement complications including:

  • Metal poisoning
  • Loss of bone strength
  • Tissue death
  • Non-cancerous tumors around implant
  • Cobalt poisoning
  • Chromium or cobalt leaking into bloodstream
  • Heart disease
  • Cancer

Due to the severity of the DePuy hip complications, Bernard claims that leading orthopedic surgeons throughout the U.S. have “virtually stopped using metal-on-metal hip implants because a significant percentage of patients who receive these implants experience early failure, dislocation and disarticulation. Many patients also suffer severe tissue loss, infection and irreversible bone damage caused by the failure of metal-on-metal hip implants, metallosis and biologic toxicity.”

In 2010, the DePuy recalled more than 93,000 ASR hip implants worldwide.

Hip Replacement Lawsuits

Thousands of hip implant lawsuits have been filed by patients who underwent hip replacement surgery, hoping for an improved lifestyle only to suffer from severe hip implant complications.

Families who unexpectedly lost a loved one due to hip replacement side effects including cancer, metal poisoning or heart disease may be eligible to file a wrongful death lawsuit which could result in a higher financial award.

The DePuy Hip Lawsuit is Case No. 3:13-cv-02108-K, in the U.S. District Court for the District of Northern Texas, Dallas Division.

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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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.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.