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Michigan Man Sues DePuy Over Pinnacle Hip Replacement Complications
By Courtney Coren
A Michigan man has filed a hip replacement lawsuit against DePuy Orthopaedics Inc. for serious problems he allegedly experienced after having the Pinnacle Acetabular Cup System implanted in his right hip, resulting in him having the hip implant extracted.
David Batema of Flushing, Michigan, had hip replacement surgery performed on his right hip on September 2, 2008, in which the Pinnacle hip was implanted.
The DePuy Pinnacle was advertised as unique in its use of what DePuy called “TrueGlide technology” by using an Ultamet liner, which is supposed to create “a more fluid range of natural motion.” It was allegedly supposed to work by allowing the body itself “to create a thin film of lubrication between surfaces,” the DePuy hip lawsuit states.
After having the Pinnacle hip replacement implanted, Batema began experiencing swelling, pain and discomfort when walking as well as when standing up or sitting down. His lawsuit alleges his hip replacement pain was caused by metal shavings that were released from friction between the cobalt metal head and the cobalt-chromium metal liner that makes up the Ultamet liner used in the Pinnacle hip. The metal-on-metal friction caused “large amounts of toxic cobalt-chromium metal ions and particles to be released into Plaintiff’s blood and tissue and bone surrounding the implant,” the DePuy lawsuit claims, leading to metallosis.
As a result of the injuries the plaintiff allegedly incurred, such as metallosis, caused by the Pinnacle metal hip implant, the Michigan man had to have the hip implant extracted. Metallosis occurs when there are high levels of metal found in the blood caused by metal ions and particles that are released into the surrounding blood, tissue and bone near the implant.
Bateman claims in the DePuy hip lawsuit that he had no idea his hip replacement complications could have been caused by a defective medical device. In late 2010, Batema was watching the evening news when he saw a report that the acetabular cup systems like the Pinnacle Device had been recalled. When he heard the problems that the acetabular cup system had caused, they were very similar to his own experience with the device.
Batema alleges that DePuy did not seek pre-market approval from the U.S. Food and Drug Administration, so the Pinnacle hip replacement was never determined as safe by the federal regulators. He also claims that DePuy also did not properly test the Pinnacle hip or they would have known that the metal on metal hip implant was capable of causing metallosis as well as other complications to patients before it was released.
The Pinnacle hip and other acetabular cup systems are for patients who have joint damage as the result of a fracture, osteoarthritis, rheumatoid arthritis, avascular necrosis, also known as bone death, and other degenerative conditions.
Batema is charging DePuy with negligence, with selling a product that has a manufacturing defect, with selling a product that has a defective design, failing to provide inadequate warnings, breach of warranty, negligent misrepresentation, and fraud.
He is suing DePuy for punitive and/or exemplary damages, economic and non-economic losses including medical expenses, loss of earnings, disfigurement, pain, suffering, mental anguish, and emotional distress. The amounts will be determined in the course of the trial. Batema is also asking for attorney’s fees to be covered as well as pre and post judgment interest, and anything else that the court may decide is appropriate.
Batema’s DePuy hip implant lawsuit was filed on June 28 in the U.S. District Court for the Northern District of Texas, Dallas Division. It is Case No. 3:13-cv-02518-K.
If you or someone you know has had hip replacement complications, legal options are available to you. Learn more and get a free consultation regarding a claim’s eligibility at the Johnson & Johnson DePuy ASR, Pinnacle Hip Replacement Implant Class Action Lawsuit Investigation. Experienced professionals have access to medical experts to assess whether or not the DePuy Pinnacle hip system has played a role in your negative side effects.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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