A new DePuy hip replacement failure lawsuit has been filed against manufacturer DePuy Orthopadeics by a Pennsylvania man claiming serious adverse effects and bodily injury.

Plaintiff Dennis K. filed the DePuy hip replacement lawsuit in Texas federal court joining an increasing multidistrict litigation (MDL) against DePuy and that company’s parent company, Johnson & Johnson.

Dennis says that he was implanted with a Pinnacle device along with an Ultamet liner during a right total hip arthroplasty procedure on Dec. 12, 2008.

However, Dennis alleges that soon after, large amounts of toxic cobalt-chromium particles and metal ions were released into surrounding tissue, bone, and bloodstream. Allegedly, this caused extensive pain, inflammation, and discomfort, the DePuy hip replacement lawsuit states.

Dennis later had to have the Pinnacle device explanted because of the side effects and complications suffered. Adverse effects were purportedly caused by the product’s “defective design.”

According to the DePuy hip replacement lawsuit, “[h]ad Defendants not concealed the known defects, the early failure rate, the known complications and the unreasonable risks associated with the use of the Pinnacle Device, … [Dennis] would not have consented to the Pinnacle Device being used in his total hip arthroplasty.”

The DePuy hip replacement lawsuit was filed on multiple counts of negligence, manufacturing defect, design defect, inadequate warning, breach of express warranty, breach of implied warranty, negligent misrepresentation, and fraud.

Pinnacle Acetabular Hip Replacement Overview

The Pinnacle Acetabular Hip Replacement System was approved by the U.S. Food and Drug Administration (FDA) in 2000. It was launched by the companies in 2001. The device was designed to replace diseased and damaged hip joints, and provide pain relief and increased range of motion and mobility. The result of diseased and damaged joints may stem from a multitude of causes such as avascular necrosis, rheumatoid arthritis, osteoarthritis, and fracture.

However, since the devices’ launch, there have been 1,300 adverse reports submitted to the FDA. These adverse event reports pertain to failures, complications, and adverse side effects of the Pinnacle Device.

Some complications and bodily injury stemming from the alleged defective device include biologic toxicity, metallosis, and a high failure rate. Side effects also include the device releasing toxic metal particles into patients’ bloodstream and surrounding tissues. These effects result in even more complications including bone erosion, the development of tumors, tissue death, and metallosis.

Plaintiffs filing lawsuits against the companies report that the reason for these adverse side effects stem from the device having been approved through the FDA’s 510(k) process, a fast track approval system, allowing medical devices to skip full testing if similar predicate devices are already on the market.

Accusations against the companies state that had the device gone through mandatory testing, the device’s defective design would have been discovered. Plaintiffs say the metal-on-metal ball and socket surface combination allows for friction and loose metal ion particles to be released into patients’ bloodstreams.

The DePuy Hip Replacement Failure Lawsuit is Case No. 3:18-cv-00175-K, in the U.S. District Court for the Northern District of Texas, Dallas Division. The Pinnacle Hip Implant MDL is In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, MDL No. 3:11-MD-2244-K, in the U.S. District Court for the Northern District of Texas.