A new DePuy Pinnacle lawsuit has been filed in U.S. District Court for the Northern District of Texas. The plaintiffs, Timothy B. and Cynthia B., are Massachusetts residents filing this DePuy Pinnacle lawsuit against DePuy Orthopaedics Inc. and Johnson & Johnson Services Inc. Both companies are involved in the development, production, promotion, and distribution of the DePuy Pinnacle hip prosthetic unit.

Pinnacle Hip Complaints

According to the narrative of the DePuy Pinnacle lawsuit, the Pinnacle hip has been the subject of at least 2,000 adverse event complaints to the U.S. Food and Drug Administration (FDA) since its marketing launch in 2001.

The plaintiffs allege that the defendants are and have been aware of a high failure rate of this product along with its tendency to produce metal poisoning in the blood and generate metal debris in the tissue around the joint.

The Plaintiff’s Story

Timothy B., the primary plaintiff in this new DePuy Pinnacle lawsuit, was implanted with the Pinnacle hip device with ‘Ultamet’ liner—the metal acetabulum liner choice promoted by the defendants for this prosthetic unit—on Feb. 10, 2010, at Brigham and Women’s Hospital in Boston, Mass.

The device itself has four parts: a femoral stem which inserts into the upper thigh bone, the femoral head which replaces the top of the upper thigh bone forming the ball of the ball and socket joint, the titanium metal acetabulum cup which fits into the socket part of the pelvic cage, and a liner for the cup which can be made of plastic, ceramic, or a cobalt-chromium alloy.

Accounting for an average amount of post-hip replacement healing time, Timothy says he experienced problems with his Pinnacle hip device almost immediately.

According to the factual allegations section of the DePuy Pinnacle lawsuit, the plaintiff completed a regimen of physical therapy to try to correct the difficulties he was experiencing. The process was painful, he says, and he was not able to regain normal ambulatory activities that are part of day-to-day life.

Timothy had his blood levels tested for metal ions at the suggestion of his orthopedic surgeon. His blood tested abnormally high for chromium and cobalt levels.

At his doctor’s suggestion, he underwent hip revision surgery to remove and replace the Pinnacle hip prosthetic a little over six years later on June 30, 2016, at the same hospital where it was implanted originally.

Timothy and Cynthia bring the following allegations against the defendants in this new DePuy Pinnacle lawsuit:

Count One—Negligence; Count Two—Breach of Warranty, Defective Design; Count Three—Breach of Warranty, Failure to Warn; Count Four—Fraudulent or Negligent Misrepresentation; Count Five—Intentional Misrepresentation; Count Six—Loss of Consortium; and Count Seven—Violation of Massachusetts Consumer Protection Act M.G.L. c. 93A.

The plaintiffs are asking for a trial by jury and awarded compensation in light of the evidence presented at said trial. They are asking for consideration of financial losses in the form of medical bills and lost earning power and income.

In addition, they are asking for consideration of emotional and physical losses in the form of mental anguish, and pain and suffering, and loss of companionship. Finally, Timothy B. and Cynthia B. hope for punitive damages to be assessed against defendants as well as a return of all expended court fees and attorney costs to them.

The DePuy Pinnacle Lawsuit is Case No. 3:18-cv-00012-K in U.S. District Court for the Northern District of Texas, Dallas Division.