By Sarah Markley  |  April 13, 2017

Category: Legal News

hip-replacement-xraysAn Ohio couple is suing DePuy Orthopaedics stating the wife’s DePuy Pinnacle hip implant failed her and caused her pain and damage.

Plaintiffs Sue A. and Martin A. have filled a lawsuit against the makers of the DePuy Pinnacle hip implant after the wife underwent surgery to replace her hip.

In February 2006, Sue’s DePuy Pinnacle hip implant surgery was performed. She claims that by that time, DePuy had already received hundreds of adverse event reports which should have indicated to the manufacturer that the DePuy Pinnacle hip implant was faulty.

However, the couple alleges, DePuy did not disclose this information to her, her physicians or the public.

Sue claims that her DePuy Pinnacle hip implant is defective and has caused damage to both her hip joint and to her body. Moreover, Sue and her husband make several claims regarding the DePuy Pinnacle hip implant, alleging that it is an inherently unsafe product because of its metal-on-metal design.

Many other hip implant systems are made from both metal and plastic and the the metal parts from each part of the hip implant system are separated by a plastic liner. The DePuy Pinnacle hip implant is designed differently.

The DePuy Pinnacle hip implant design puts the metal femoral head in direct contact with the metal acetabular shell. The plaintiffs believe that the Pinnacle’s defects are similar to the defects of another DePuy hip implant system which has been found to be wrought with problems because of the metal-on-metal design.

Cobalt and chromium shards, it is thought, are shed into the blood and surrounding tissue by the constant rubbing of the metal parts. This can trigger the body to begin to reject the hip implant and can result in symptoms of pain, looseness and dislocation.

This condition, called metallosis, can also result in tissue and bone death.

Because of the hundreds of adverse event reports the manufacturer had already received regarding the DePuy Pinnacle hip implant, the plaintiffs believe that DePuy should have recalled the device before it was implanted into Sue.

Sue adds that even though the device had failed hundreds of patients resulting in hundreds of dangerous revision surgeries, DePuy continued to sell the device to patients.

Sue and Martin claim that DePuy concealed the defect in their hip implant product to increase profits. According to their lawsuit, in 2009, DePuy did $5.4 billion in sales and hip implants are a cornerstone of their business. They claim that DePuy, at the expense of patients’ safety, is more concerned with corporate profits.

The couple brings claims of strict product liability, negligence, breach of implied warranties, breach of express warranties, and loss of consortium.

This DePuy Pinnacle Hip Implant Lawsuit is Case No. 3:17-cv-00806-K in the United States District Court for the Northern District of Texas.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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