A husband and wife coupled have filed a lawsuit against Johnson & Johnson and DePuy Orthopaedics alleging the husband suffered substantial injuries do to his Pinnacle metal hip implant.
Plaintiff James B. Was implanted with the Pinnacle metal hip implant in April 2010 into his right hip. Following his surgery, James had no issues with the device until lab results in December 2013 revealed he had elevated blood levels of chromium and cobalt.
James required revision surgery and received a new and different type of hip implant in May 2014.
“All of the injuries and complications suffered by Plaintiff James [B.] were caused by the defective design, lack of adequate warnings, construction and unreasonably dangerous character of the Pinnacle Device that was implanted in him,” the Pinnacle metal hip implant lawsuit reads.
The Pinnacle metal hip implant device was marketed as having distinct advantages over other products, claiming it was “uniquely designed to meet the demands of active patients like you – and help reduce pain,” James and Nancy claim.
The plaintiffs allege that more than 1300 reports regarding adverse events have been submitted to the U.S. FDA detailing failure and complications arising from the use of the Pinnacle metal hip implant.
The plaintiffs allege that the manufacturers are aware that their Pinnacle metal hip implant causes metallosis (metal poisoning due to metal ions from the implant entering the bloodstream and tissue), causing biologic toxicity, tissue death, bone erosion, tumor development and high failure rate of the implant.
The couple has brought forth multiple counts against the defendants including negligence, strict liability — for failure to warn, manufacturing defect and design defect, negligent misrepresentation, breaches of express and implied warranties, fraud, violations of state consumer protection act and loss of consortium (spousal companionship) on behalf of Nancy.
The couple is seeking a jury trial and seeks recovery for damages due to pain and suffering, wage loss, loss of earnings and earning capacity, medical expenses, loss of enjoyment of life, mental anguish and distress, disfigurement, physical impairment, loss of consortium, compensatory damages, attorneys’ fees and any additional relief deemed proper by the court.
Pinnacle Metal Hip Implant Lawsuit Information
This Pinnacle metal hip implant lawsuit has been filed as part of the larger Pinnacle MDL that is currently underway in federal court in Texas.
Because there were so many similar complaints about the Pinnacle metal hip implant, lawsuits were consolidated into a multidistrict litigation under U.S. District Judge James Edgar Kinkeade. So far, more than 8600 lawsuits have been filed as part of this MDL.
When there are a large number of lawsuits against defendants such as Johnson & Johnson and DePuy Orthopedics that include many of the same allegations, the Judicial Panel on Multidistrict Litigation often consolidates these lawsuits under a single court and a single judge. This is in an effort to save time and resources in litigation.
If you or a loved one has suffered injuries as a result of the Pinnacle metal hip implants, you may be able to pursue legal compensation. An experienced attorney can review your case at no charge and can guide you in your legal options.
The Pinnacle Metal Hip Implant Lawsuit is Case No. 02475 and is filed in the Pinnacle MDL DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL No. 2244, in the U.S. District Court for the Northern District of Texas.
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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If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.
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