Melissa LaFreniere  |  July 27, 2015

Category: Legal News

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hip replacementA Kentucky man has filed a DePuy lawsuit accusing manufacturers of fraudulently misrepresenting that the hip implant would allow him to return to an active lifestyle. Instead, the medical device caused such pain that he allegedly could barely sit or stand.

Plaintiff Ronald D. is alleging that DePuy Orthopaedics and their parent company Johnson & Johnson were fully aware that the Pinnacle Hip implant was a defective product yet they continued to market the device to unsuspecting patients without any warning of the risks involved.

The Pinnacle hip implant lawsuit claims that DePuy advertised the Pinnacle Hip to consumers as a superior product that would provide pain relief and smooth range of motion. The plaintiff alleged Pinnacle Hip marketing materials claimed the implant was “uniquely designed to meet the demands of active patients like you – and help reduce pain.”

Plaintiff Ronald D. claims DePuy carried on their false advertising campaign with brochures showing pictures of a man on the beach carrying a surf board, a man playing tennis, and women stretching and riding bikes. However, Ronald claims that instead of being pain-free and active, the hip replacement caused chronic pain and the device began “locking,” making it difficult to sit or stand.

The metal-on-metal hip implant lawsuit alleges that had Ronald known the device would cause persistent pain that would require revision surgery, he would not have elected the Pinnacle Hip.

DePuy Hip Replacement Complications

The U.S. Food and Drug Administration has received more than 1,300 adverse reports of Pinnacle Hip complications and failures. Ronald claims that the high failure rate is partially due to the lack of clinical trials of the Pinnacle Hip implant, as the device was “grandfathered” in by obtaining FDA approval under section 510(k).

Despite the lack of clinical trials, the hip replacement lawsuit claims that the defendants  misrepresented through marketing materials that the Pinnacle Hip had been tested and “found to be safe and effective for the treatment of pain and inflammation.”

More than 500,000 U.S. patients have had hip replacement surgery hoping for an improved lifestyle. In 2010, the defendants recalled more than 93,000 ASR hip implants worldwide.

Reported hip implant side effects include:

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

Hip Implant Lawsuits

Thousands of hip implant lawsuits have been filed by plaintiffs like Ronald who claim that DePuy created an unreasonably dangerous device that caused severe hip implant complications. Plaintiff Ronald D. claims that had Depuy not fraudulently concealed the known defects of the Pinnacle Hip, he would not have suffered the severe pain and difficulty with activities of daily living.

He is seeking more than $75,000 in damages for the years of continuous medical treatment he will have to undergo as a direct cause of the damage caused by the Pinnacle Hip implant.

The DePuy hip lawsuit is Case No. 3:15-cv-02323-K, in the U.S. District Court for the Northern District of Texas.

The Hip Implant MDL is In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Case No. 2244.

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.