A Malibu, Calif. resident has filed a lawsuit against DePuy Orthopaedics and Johnson & Johnson, alleging their metal-on-metal hip joint device caused him crippling complications.

According to the specific allegations of this metal-on-metal hip implant lawsuit, plaintiff Austin M. had his hip replaced in March of 2009 with DePuy’s Pinnacle Acetabular Cup System (Pinnacle). However, he started to suffer from metal-on-metal hip implant complications, which his hip lawsuit alleges was the result of the defective design of the DePuy metal hip implant.

Austin alleges these hip implant complications include crippling pain and unsettling popping noises when he moves the metal-on-metal hip implant. His metal-on-metal hip implant lawsuit indicates he will most likely require hip revision surgery.

Hip revision surgery is when surgeons go in and repair a damaged or defective hip implant. Hip revision surgery is more technically challenging than a regular hip replacement surgery. This is partially because there is less of the original hip joint remaining, so surgeons have less bone to work with. Additionally, inflammation around the hip joint may increase the risk of complications. Lastly, limping and changes in gait from a failed replacement hip may cause stress and strain on the patient’s other hip, possibly requiring additional hip replacement.

Austin’s metal-on-metal hip implant lawsuit alleges that the makers of this metal-on-metal hip joint skipped several key stages of U.S. Food and Drug Administration (FDA) testing. They were able to do this through the FDA’s controversial 501(k) program. Under this program, a medical company can skip several key steps of testing when a new technology is “substantially similar” to existing medical technology.

Furthermore, this metal-on-metal hip lawsuit alleges that even with the 501(k) program, the makers of the metal-on-metal hip implant had a responsibility to ensure their hip implant was safe. Austin alleges that the makers of this metal-on-metal hip implant suppressed reports of complications, including more than 1,300 reports of serious problems.

Metal-On-Metal Hip Implant Complications

The Pinnacle hip implant device in question is a metal-on-metal hip implant, a type of replacement hip joint. Several different companies released metal-on-metal hip joints simultaneously, including DePuy Orthopaedics and Johnson & Johnson. Most earlier versions of artificial hip joints used polymers, ceramic, or in the oldest artificial hips, ivory for the moving surfaces of the joint. However, in the early 2000s, several companies released metal-on-metal hip implants, with metal moving surfaces. Allegedly, this has led to serious medical problems and consequently a surge in metal hip lawsuits and recalls.

The common problem associated with metal-on-metal hip implants is the metal surfaces grinding against each other which can lead to serious problems. Allegedly, the metal moving surfaces in metal-on-metal hip joints grinds off a fine layer of microscopic particles of the metal. While this metal is safe for use in the human body as a solid piece, these particles can dissolve in bodily fluids more easily.

According to several metal-on-metal hip implant lawsuits, chromium and cobalt from the alloys of the joints can dissolve and form toxic alloys, causing a host of serious medical problems. Allegedly, this can promote the formation of pseudotumors and irritation around the joint. Additionally, it has been reported that metal-on-metal hip implants have a higher rate of corrosion and fretting, leading to joint failure. More than a thousand reports of serious complications were from DePuy’s metal-on-metal hip implants alone.

The DePuy Hip Implant Lawsuit is Case No. 00102-K, filed within the larger DePuy Hip MDL In Re: DePuy Orthopaedics Incorporated, Pinnacle Hip Implant Products Liability Litigation, MDL No. 2244, in the U.S. District Court for the Northern District of Texas.