A man and his spouse have filed a product liability lawsuit against the makers of a popular hip implant, alleging the man suffered injury due to the medical device.

Plaintiff Stephen U. and Plaintiff Rose B. have brought forth legal action against DePuy Orthopaedics, its parent company Johnson & Johnson and the related companies responsible for the design, manufacture and marketing of the DePuy Pinnacle hip implant.

The DePuy Pinnacle hip implant was released onto the market in 2001. It was designed to take the place of the human hip became damaged or diseased due to arthritis, osteoarthritis, avascular necrosis and fracture. Surgical screws attached the metal hip implant to human bone. The hip implant is designed to improve the range of motion in affected patients as well as to provide pain relief.

Specifically, the DePuy Pinnacle hip implant device was marketed to a younger population of patients with hip issues. It was described as “[U]niquely designed to meet the demands of active patients like you- and help reduce pain.” The device also claimed to be the best surgical option that “[r]ecreates the natural ball-in-socket joint of your hip, increasing stability and range of motion.”

Approximately 150,000 DePuy Pinnacle hip implant devices have been sold and the manufacturers state in promotional materials that “99.9% of Pinnacle Hip components are still in use today.” However, more than 1,300 adverse reports have been submitted to the FDA stating that complications and device failure occurred due to the use of the DePuy Pinnacle hip implant, the plaintiffs allege.

“On information and belief, Plaintiffs allege that Defendants are aware that the use of the Pinnacle Device may result in metallosis, biologic toxicity, and a high failure rate. Plaintiffs further allege that the use of the Pinnacle Device results in unsafe release of toxic metal ions into hip implant recipients’ tissue and blood stream,” the DePuy Pinnacle hip implant lawsuit states.

“Plaintiffs further allege that Defendants are aware that metal particles from the Pinnacle Device results in metallosis, tissue death, bone erosion, and development of tumors.” The plaintiffs also allege that “particulate debris from the Pinnacle Device caused severe inflammation, severe pain, tissue and bone loss, and other related diseases.”

Instead of using a plastic liner to separate the metal pieces of the ball and socket joint of the DePuy Pinnacle hip implant, this device uses a metal liner. The DePuy Pinnacle hip implant is considered a metal-on-metal device because the metal components, comprised of cobalt and chromium, touch each other.

Due to their touching interaction with each other, the metal pieces cause the metal ions to slough off into the body and cause the aforementioned conditions.

In Stephen’s case, he was implanted with the DePuy Pinnacle hip implant in his left hip in January 2008.

“Plaintiff subsequently experienced increasing pain and discomfort in Plaintiff’s left hip. Plaintiff also experience stiffness, decreased range of motion, difficulty rotating hip, difficulty bearing weight, difficulty ambulating, diagnosis of elevated metal ion levels,” the DePuy lawsuit states. “To this day, Plaintiff continues to experience harm and damage…”

Due to the pain and discomfort Stephen experienced, he says he was required to undergo a revision surgery to replace the DePuy Pinnacle hip implant in May 2014.

The plaintiffs have brought forth a number of allegations against the Defendants including negligence, strict products liability for manufacturing defect, design defect and inadequate warning, breach of express warranty, breach of implied warranty of merchantability, negligent misrepresentation and fraud. Rose brings forth a claim of loss of consortium (spousal companionship).

The couple is seeking damages to recover economic and noneconomic losses including medical expenses, pain and suffering, loss of earnings, emotional distress and more. There also seeking punitive and/or exemplary damages, attorneys’ fees and costs, pre-and post-judgment interest and any additional relief as deemed just and proper by the Court.

The DePuy Pinnacle Hip Implant Lawsuit is Case No. 3:17-cv-01175- K, and is part of the DePuy MDL In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL No. 2244, in the U.S. District Court for the Northern District of Texas.