A New York woman filed a metal hip implant lawsuit against DePuy Orthopedics for allegedly manufacturing a defective and unreasonably dangerous product.

Plaintiff Elizabeth M. claims that as a direct result of using the Pinnacle metal-on-metal hip implant, she developed serious and debilitating complications.

The Pinnacle hip implant was recommended to Elizabeth by her physician to solve problems she was having in her hip.

Like many metal-on-metal hip implants, the Pinnacle hip implant was advertised to be more durable and longer-lasting than either of its plastic or ceramic counterparts, along with being customizable to fit the patient.

Given these features, Elizabeth agreed to the recommendation and had underwent total right hip surgery on Feb. 09, 2009. According to medical records, she initially responded well to the device after the surgery and had resumed her normal life. Ideally, the Pinnacle hip implant would have allowed her to live a more active lifestyle and would give Elizabeth full mobility.

Unfortunately, this was not the case as she began suffering severe and painful complications. For years, Elizabeth had been forced to contend with these hip implant complications without knowing the cause or origin of the pain.

It was not until DePuy had conducted the 2010 hip implant recall, that the general public became aware of the potential problems associated with the Pinnacle and other metal hip implants.

The complications associated with these products include fretting, infection, pseudotumor formation, debilitating pain, device failure, and metallosis.

Experts explain that the ball-and-socket joint of the device causes metal ions to be shed into the bloodstream which then raises the metal levels in the blood to dangerous levels.

After Elizabeth learned of the causal link between her hip implant complications and the defective design aspects of the Pinnacle device, she immediately requested the hip implant to be removed.

The metal hip implant was explanted on Aug. 14, 2015, and Elizabeth is currently recovering from the intense procedure; She is ultimately expected to need multiple surgeries due to her hip implant complications.

Furthermore, Elizabeth will require extensive hospital care and rehabilitation treatment, in order to regain proper mobility; in the meantime, she will be incurring massive medical bills and other expenses.

Overview of Metal Hip Implant Complication Allegations

Elizabeth is filing legal action against DePuy Orthopedics for allegedly concealing vital safety information, regarding the Pinnacle hip implant. Numerous medical experts criticize DePuy for using the FDA’s 510(k) policy to have the hip implant quickly enter the market.

Under this policy, a product is not required to undergo rigorous medical testing, and will pass through as long as the device proves to work at an equivalent level with a similar product already on the market.

DePuy allegedly knew about the hip implant complications associated with the Pinnacle and their other metal hip implants, but did not disclose this information to the public.

Even with the hip implant recall, numerous patients have reported debilitating injuries, with many pursing legal action. Elizabeth is one of these plaintiffs, and claims that the defendant failed to provide her and her physician any relevant studies or injury reports, indicating possible hip implant complications.

The plaintiff’s lawyers state that the defendant had the civil responsibility of warning their client, and other metal hip implant patients of all possible complications associated with their devices.

Elizabeth states that she never would have used the Pinnacle hip implant if she had known about the possibility of metallosis or device failure.

So for being allegedly responsible for manufacturing, distributing, and marketing a dangerous and defective product, Elizabeth is suing DePuy Orthopedics. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.

The Depuy Hip Implant Lawsuit is Case No. 1:15-cv-00707-EAW, in the U.S. District Court of Western New York.