A new metal on metal hip lawsuit has been filed against the DePuy Orthopaedics Co. in federal court in Texas.

The plaintiff is Marcia D. who will be joining Pinnacle Hip Implant Products Liability Litigation Multidistrict Litigation (MDL) No. 2244 with this action. Marcia D., a citizen and resident of Puyallup, Wash., filed her Pinnacle metal on metal hip lawsuit in Texas per the streamlining order of the U.S. Federal court system.

DePuy Orthopaedics Inc. is organized under the laws of the State of Indiana and headquartered in the city of Warsaw, Ind. They are the developers, manufacturers, promoters, and distributors of the Pinnacle hip prosthetic unit for use in total hip arthroscopy or total hip replacement.

Other defendants in this case are the Johnson & Johnson Co., parent corporation to DePuy Orthopaedics Co., Thomas Schmalzreid, MD PC, and up to 20 organizations yet to be identified.

Marcia D.’s Story

Marcia D. was implanted with a Pinnacle hip prosthetic on the left side of her pelvic cage, according to the metal on metal hip lawsuit, on March 17, 2008. The Pinnacle hip prosthetic operated well for her for a few months after surgery, but she claims it then started to cause severe pain in her groin area.

Her orthopedic surgical team in consultation with the patient recommended removal of the device after there was no alleviation of these symptoms over time. Eight years and three months later on July 25, 2016, the left hip Pinnacle prosthetic was removed and replaced in an early revision surgery.

The plaintiff alleges in her metal on metal hip lawsuit that she has permanent damage from the failed prosthetic. Her recovery from the early revision surgery has been arduous and she continues to experience painful bouts with her left hip.

Additionally, as with any revision surgery, there was likely bone tissue loss, making adherence of the new prosthetic more difficult.

The metal on metal hip lawsuit notes that there are high risks involved in a secondary revision surgery, including blood clots, leg length discrepancies, high rate of joint dislocation and fracturing.

The Nature of the Pinnacle Hip

The Pinnacle hip has a different design than many other hip prosthetics. Rather than having the femoral head aspect of the prosthetic articulate with a polyethylene acetabular liner, the femoral head makes direct contact with a metal acetabular liner. Simply put, metal pieces of the Pinnacle hip implant grind on each other, while other hip implants are designed with a non-metal liner to cushion the impact.

According to the metal on metal hip lawsuit, the design’s approval by the U.S. Food and Drug Administration was ‘grandfathered’ into the market place prior to the effective date of the Medical Device Amendments of the 1938 Food, Drug, and Cosmetics Act. Because of the grandfathering, the strict premarket approval process requiring extensive safety testing was not required by the manufacturers.

Metal on metal hip implants have also contributed to cobalt chromium blood poisoning, a build-up of debris in the tissues surrounding the joint. The implants have also been linked to the development of tumors, cancer, and heart disease.

In this metal on metal hip lawsuit, Marcia D. brings alleges failure to warn, defective design, breach of express warranty, breach of implied warranty, and punitive damages. She is asking for a trial by jury with a favorable award reflecting consideration of her medical and legal expenses, her loss of earning capacity and income.

The Metal on Metal Hip Implant Lawsuit is Case No. 3:18-cv-00234-K in U.S. District Court for the Northern District of Texas, Dallas Division.