Sarah Markley  |  May 22, 2017

Category: Legal News

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DePuy Pinnacle hip implant complicationsA Texas woman has filed a lawsuit against DePuy Orthopaedics, alleging defects in its Pinnacle Acetabular Cup System she had implanted.

Plaintiff Denise W. received the DePuy Pinnacle Acetabular Cup System hip implant in a total right hip arthroplasty. This occurred in February 2007 in Dallas, Tex.

Because of this medical device, Denise says she has suffered from discomfort, pain and metal reactive disease.

A little over five years after the original implant, Denise was forced to undergo a total hip revision to replace the Pinnacle Acetabular Cup System in her right hip.

According to this Pinnacle Acetabular Cup System lawsuit, Denise alleges that she has sustained damages as a direct result of this hip replacement system. She has suffered from “past, present and future pain and suffering, severe and possibly permanent injuries, emotional distress, disability, disfigurement, economic damages, monitoring, rehabilitative and pharmaceutical costs and lost wages and future earnings capacity.”

She claims that all of her injuries and the complications she suffered were caused by the defective design, warnings, construction and unreasonably dangerous character of the Pinnacle Acetabular Cup System made by DePuy.

If she had known about the potential complications with the device, Denise claims, she would have never consented to have the Pinnacle Acetabular Cup System implanted.

Denise’s Pinnacle Acetabular Cup System lawsuit alleges that had DePuy conducted the proper clinical trials before the device was released to the market in the early 2000’s, they would have understood the potential complications that they learned later.

Around 2007, DePuy learned, according to this lawsuit, that implantation of the Pinnacle Acetabular Cup System resulted in many patients developing pain, metallosis (metal poisoning), and biologic toxicity. Reports showed the device had a high rate of early failure.

This is due, the lawsuit notes, to the release and accumulation of metal particles in the surrounding tissues when there is friction of the cobalt-chromium metal femoral head when it rotates inside the cobalt-chromium metal acetabular liner.

When these particles are released they can bring about a condition known as metallosis, or a poisoning of the surrounding tissues or blood. Metallosis can cause pseudotumors, infection, inflamation and may induce tissue and bone loss.

The plaintiff believes that even though DePuy was aware that Pinnacle Acetabular Cup System failures were behind hundreds of patients’ revision surgeries, they continued to sell and market what she believes is a defective device. She claims that DePuy actively concealed vital information from patients and the medical community.

Denise brings forth claims including strict product liability, failure to warn, negligence, inadequate design, negligent misrepresentation, intentional, willful and reckless misconduct, breach of express and implied warranties and fraud.

This Pinnacle Acetabular Cup System Lawsuit is Case No. 3:17-cv-01254-K in the United States District Court for the Northern District of 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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