A new lawsuit has been filed by married couple, Beverly C. and Raymond C., against DePuy Orthopaedics Inc. and affiliated companies for the failure of the Johnson & Johnson Pinnacle hip prosthetic.

The lawsuit was filed in U.S. District Court, Western District of New York on Jan. 4, 2018. Other listed defendants in this case are DePuy Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services Inc., and Johnson and Johnson International.

All defendants are affiliated with one another and responsible for the development, manufacturing, promotion and distribution of the Johnson & Johnson Pinnacle hip prosthetic unit.

The Johnson & Johnson Pinnacle hip prosthetic unit mirrors the natural hip joint by the recreation of four key parts which operate together. The femoral stem is an insert that is placed into the top of the main upper thigh bone to anchor and stabilize an artificial femoral head. The femoral head is the ball of the “ball and socket” joint of the hip.

The natural version must be amputated during a total hip arthroscopy (TKA) or total hip replacement. This surgery is done when the joint has been damaged due to the wear and tear of aging—usually an arthritic condition, or trauma.

The femoral heads next point of contact is a liner, which in the case of the Johnson & Johnson Pinnacle hip can be made of plastic, ceramic or metal. The liner is placed within an artificial acetabular cup.

The acetabulum is the natural concave socket located in the pelvic cage for the upper thigh bone. This faux acetabulum is constructed of titanium.

The Plaintiff’s Experience with the Johnson & Johnson Pinnacle Hip

In February of 2008, plaintiff Beverly C. says she was implanted with the Johnson & Johnson Pinnacle hip prosthetic unit at Highland Hospital of Rochester. The unit was implanted on the left side of her pelvic cage.

Shortly afterwards, accounting for a normal time window of healing, she alleges she experienced devastating pain and inflammation accompanied with a squeaking sound from the replaced hip joint.

Beverly says medical laboratory testing revealed high levels of cobalt and chromium in her blood indicating a condition known as metallosis, or metal blood poisoning. She claims the source of the poisoning was isolated to the hip where metal debris from the prosthetic has sloughed off and imbedded itself into surrounding tissue.

It severely affected her ability to function, and eventually the hip prosthetic was removed and replaced in a premature but necessary revision surgery.

The plaintiffs allege the following against DePuy Orthopaedics Inc. and affiliates: Negligence, Strict Products Liability (SPL)—Manufacturing Defect, SPL—Design Defect, SPL—Failure to Warn, Breach of Express Warranty, Breach of Implied Warranty of Merchantability and Fitness, Violation of New York General Business Law and Loss of Consortium.

The couple is asking for a trial by jury with a favorable outcome on their behalf. They are asking for compensation commensurate with their psychological, financial and her physical pain and suffering.

They request that punitive damages be assessed to discourage the release of such a poorly functioning product in the future.

The Johnson & Johnson Pinnacle hip lawsuit is Case No. 6:18-cv-06009 in U.S. District Court, Western District of New York.