A new DePuy hip implant lawsuit has been filed in federal court in Dallas, Texas by an Indiana resident who claims he was injured by a DePuy Pinnacle hip implant.

Plaintiff Michael L. underwent a total left hip replacement surgery in March 2008 and had the Pinnacle device implanted in the place of his left hip, according to the DePuy hip implant lawsuit.

“In short time, the known and common problem of corrosion and friction where is believed to have caused toxic amounts of cobalt-chromium metal debris to be released Plaintiff’s tissue surrounding the implants,” the lawsuit states.

As a result of the metal toxicity, Michael has experienced constant and debilitating pain as well as instability of his left hip where the DePuy hip implant was placed. Simple every day movements as well as weight-bearing activities cause the pain to worsen, according to his DePuy Pinnacle hip implant lawsuit.

Unlike other hip implants, the Pinnacle Device has a metal-on-metal design. Where other implants have some type of barrier in between the metal parts implant, the Pinnacle does not.

This causes the metal pieces to rub together during normal wear, causing metal particles to slough off from the device where they enter the patient’s bloodstream and surrounding tissue, causing a number of complications.

After more than six years of pain, Michael underwent hip revision surgery in December 2014 “in order to remove the implant in his left hip, which was defective and/or dangerous, and may, in the future,  require further treatment for these injuries and/or complications thereof.”

“As a result of reasonable danger and risk posed by the Pinnacle Device, Plaintiff, Michael [L.], suffered severe injuries including but not limited to partial or complete loss of mobility, debilitating pain and stability left hip, revision surgery, and diminished enjoyment of life,” the DePuy Pinnacle hip implant lawsuit states.

Michael states that he would not have consented to having the Pinnacle Device used in his hip replacement had he known all of the complications and unreasonable risks that were associated with the device’s use. “Consequently, Plaintiff has been harmed as a result of the Defendants’ wrongful acts and omissions…” the complaint reads.

The plaintiff has brought forth a number of counts against the manufacturers of the Pinnacle hip implant device including strict liability for design defect as well as manufacturing defect, failure to warn, negligence, negligent misrepresentation, and breach of express and implied warranties.

Michael is seeking damages related to his past and future pain and suffering, weight loss, loss of earnings and loss of earning capacity, medical expenses, loss of enjoyment of life, mental anguish and distress, disfigurement, physical impairment, attorneys’ fees and costs, punitive or exemplary damages and any additional relief as deemed proper by the Court.

The DePuy Hip Implant Lawsuit is Case No. 3:16-cv-03406, and is filed in 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, Dallas Division.