Plaintiffs Janet S. and Melvin S. filed a hip implant lawsuit on June 21, 2017, against Johnson and Johnson Inc. and DePuy Orthopaedics Inc. in U.S. District Court, Northern District of Texas, Dallas Division, over the failure of an implanted hip prosthetic system.

The Pinnacle hip prosthetic system uses a metal-on-metal design. The couple alleges its defective nature required Janet to undergo premature Pinnacle revision surgery to correct problems she was experiencing.

The married plaintiffs are residents of the State of Florida, but are joining multidistrict legislation (MDL) No. 2244 against the stated defendants.

According to the plaintiffs, Janet was forced to have Pinnacle revision surgery to remove the Pinnacle hip prosthetic system when it had been known for some time that metal-on-metal joint prostheses may leach metal ions into a patient’s blood.

The couple accuse the defendants of misrepresenting and misleading the public by failing to make this information known. According to the legal documentation, the Pinnacle hip prosthetic system continues to be marketed, sold and distributed by the defendants despite numerous problems.

There has been no effort on the part of Johnson and Johnson or DePuy Orthopaedics to issue a recall even though a good number of recipients have experienced crippling pain and swelling, developed necrosis of tissue surrounding the implant, and ended up with bone loss and chromium or cobalt poisoning.

As of 2011, 1,086 adverse medical events were reported to the Food and Drug Administration regarding the Pinnacle Hip System.

Several Hip Prosthetic Patients Forced to Get Pinnacle Revision Surgery

These extreme issues have made several patients get Pinnacle revision surgery out of necessity. The hip implant lawsuit states that the surgery is made more difficult by the pre-existing complications of the initial implant and increases the probability that future hip prosthetic choices will also fail. It goes without saying that this is a critical no-win situation.

According to the Pinnacle revision surgery lawsuit, Janet was initially implanted with the metal-on-metal Pinnacle hip system in February of 2006.

The hip system is made up of a femoral ball connected to a femoral stem, a metal acetabulum cup, and a metal socket liner. The femoral stem is driven into the femur, or the big bone of the upper thigh, and articulates with the socket liner.

Approximately ten years later, Janet started to experience pain in the same hip and then was diagnosed with cobalt blood poisoning. In August 2016, Janet underwent Pinnacle revision surgery at the recommendation of her orthopedic physician.

Because of the pain and suffering she was forced to endure, the plaintiffs are bringing the following counts against the defendants: Counts 1,2,3 – Strict Liability – Defect in Design, Manufacturing Defect, Failure to Warn; Counts 4,5 – Negligence, Negligent Misrepresentation; Count 6 – Fraudulent Misrepresentation; Count 7,8 – Breach of Express Warranty, Breach of Implied Warranty; Count 9 – Loss of Consortium.

The plaintiffs are asking for a trial by jury, compensatory judgments in excess of $75,000 each for pain and suffering, psychological damage, financial loss incurred by medical bills, loss of ability to earn income now and into the future, and loss of consortium.

The couple is also asking for compensation for all legal fees including the cost of filing the lawsuit, attorney’s fees, and court costs.

This Pinnacle Revision Surgery Lawsuit is Case No. 3:17-cv-01641-K, in the U.S. District Court for the Northern District of Texas, Dallas Division.