A New Jersey couple has filed a lawsuit against DePuy Orthopaedics and Johnson & Johnson, its parent company, alleging the Pinnacle metal hip implant device caused pain and suffering as well as a variety of other losses.

Plaintiffs Margaret O. and Theodore O. Claim that the Pinnacle Device was marketed as having a significant advantage over other metal hip implants and targeted younger patients who were still leading active lifestyles.

The Pinnacle metal hip implant lawsuit states, “As a direct and proximate result of Defendants’ fraudulent representations, Plaintiff has suffered significant damages, including but not limited to permanent physical injury, economic loss, pain and suffering and the need for multiple surgeries to repair the physical damage to plaintiff caused by the Pinnacle device.”

Thus far, more than 1300 adverse event reports have been submitted to the FDA regarding complications and failure related to the Pinnacle devices, Margaret and Theodore state.

Such complications reported include metallosis, or metal poisoning resulting from large amounts of chromium and cobalt in the bloodstream, biologic toxicity and the high failure rate.

The Pinnacle metal hip implant lawsuit states that the Pinnacle device is different from other hip implant devices in that it features a metal-on-metal design.

Other hip implants contain metal components, however the metal parts don’t touch and are separated by a liner made of polyethylene or other materials.

The Pinnacle metal hip implant, however, has metal parts that come into contact with one another, and when the parts move, the friction of the movement causes metal ions to slough off into the bloodstream in nearby tissue.

These metal particles cause the surrounding tissue to die, the bone to erode and tumors to develop and severe inflammation to surround the implant.

The plaintiffs allege that DePuy and Johnson & Johnson did not seek premarket approval from the FDA, and thus the FDA did not render the advice safe or effective.

Rather, the Pinnacle Device was approved based on the manufacturers’ claim that the device was “substantially equivalent” to an older metal-on-metal hip implant device.

“Had Plaintiffs known that the Pinnacle Device would fail early and expose her to the unreasonable risk of toxic metals, metallosis, and multiple revision surgeries she would not have purchased or allowed the Pinnacle Device to have been surgically implanted in her,” the Pinnacle metal hip implant lawsuit concludes.

The Pinnacle metal hip implant lawsuit brings forth several counts against the defendants including negligence, strict liability for failure to warn, manufacturing defect and design defect, negligent misrepresentation, breach of express and implied warranties and fraud.

Margaret and Theodore are seeking relief in terms of damages related 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, attorneys’ fees, punitive or exemplary damages and any additional relief as deemed proper and just by the court.

The Pinnacle Metal Hip Implant Lawsuit is Case No. 3:16-cv-02588 and is filed in the DePuy Pinnacle 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.