A husband and wife have filed a Pinnacle acetabular cup system lawsuit against DePuy Orthopaedics, alleging the product caused the husband to sustain personal injury after having the artificial hip implanted.

Plaintiff Glenn K. and his wife Diane K. state that Glenn underwent total left hip arthroplasty in February 2010, in which he was implanted with the Pinnacle acetabular cup system that included a metal liner in his left hip.

According to the lawsuit, “[a]fter the surgery, friction and wear between the cobalt-chromium metal head and cobalt-chromium metal liner caused large amounts of toxic cobalt-chromium metal ions and particles to be released into Plaintiff’s blood and tissue and bone surrounding the implants. As a result, Plaintiff experienced severe pain and discomfort and inflammation in and around his implant.”

As a result of Glenn’s chronic pain, discomfort and inflammation, he says he was required to undergo a revision surgery to remove the left hip implant and replace it with a new hip implant in January 2017.

It was not until this time that Glenn made the connection that his injuries were allegedly related to “the faulty and defective nature of the Pinnacle Devices and to the failure of Defendants to properly warn him and his physician about the Pinnacle Device’s defective and faulty nature.”

DePuy’s metal hip using the Pinnacle acetabular cup system was released to the market in 2001 and was designed to help patients who suffered damaged or diseased hip joints due to fracture, osteoarthritis, rheumatoid arthritis and vascular necrosis, among other conditions. However, more than 1,300 adverse reports have been submitted to the FDA after patients began suffering issues related to their metal hip implant.

Among the adverse events reported were metallosis, or metal poisoning, biological toxicity and a high failure rate. During ordinary use of the implant, metal parts work against each other, and the friction may cause the metal ions to slough off and go into the patient’s tissue and blood stream where it can cause tissue death, bone erosion and tumor development in addition to severe pain and inflammation.

The Pinnacle lawsuit goes on to state that the allegedly defective design of the Pinnacle acetabular cup system “caused serious damage to Plaintiff including bodily injury; pain and suffering; muscle and tissue damage; disability; physical impairment; permanent disfigurement and permanent loss of vital bodily function; rental anguish; inconvenience; aggravation of a pre-existing condition; loss of the capacity for the enjoyment of life; the cost of medical care and expenses; loss of earnings; and loss of the ability to earn money, all of which damages and losses will continue in the future.”

Glenn and Diane have raised a number of allegations against the defendants including negligence, failure to warn, manufacturing defect, design defect, misrepresentation, breach of express warranty, breach of implied warranty and loss of consortium. The couple is seeking judgment against the Defendants “for whatever amount they are found to be entitled, as determined by the trier of fact, together with interest, costs and attorney fees.” They are seeking a jury trial.

The Pinnacle Acetabular Cup System Lawsuit is Case No. 3:17-cv-03357-K, in the U.S. District Court for the Northern District of Texas, Dallas Division. It is part of the De Puy Hip Implant 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.