Md. Man Files Pinnacle Hip Implant Lawsuit Against DePuy

A Maryland man has filed a metal-on-metal hip implant lawsuit against DePuy Orthopaedics Inc. after having problems following his hip replacement surgery using the DePuy Pinnacle Acetabular Cup System.

Mark Baker had hip replacement surgery on his left hip on Jan. 4, 2008 by a surgeon at Mercy Medical Center in Baltimore, Maryland. Following the surgery, Baker continued to suffer from severe pain and discomfort in his left hip that was allegedly bad enough to interfere with his daily life.

On Oct. 4, 2013, Baker underwent revision surgery on his left hip as the pain and suffering following the first hip implant surgery continued to increase. The revision surgery was described in the hip implant lawsuit as “painful failed left total hip arthroplasty.”

The Pinnacle Device and other acetabular cup systems are intended for patients who have joint damage as the result of a fracture, osteoarthritis, rheumatoid arthritis, avascular necrosis, also known as bone death, and other degenerative conditions.
The Pinnacle Device was advertised as unique due to its use of what DePuy called “TrueGlide technology.” This technology is supposed to create “a more fluid range of natural motion,” which works by allowing the body itself “to create a thin film of lubrication between surfaces,” the hip implant lawsuit states.

In late 2010, the acetabular cup systems like the Pinnacle Device were recalled by the U.S. Food & Drug Administration (FDA).

In his hip implant lawsuit, Baker alleges that DePuy did not seek premarket approval from the FDA, so the Pinnacle Device was never determined as safe by the federal regulators. He also claims that DePuy also did not properly test the Pinnacle Device. Had they properly tested the Pinnacle Device, Baker says the company would have known that the metal-on-metal hip implant was capable of causing metallosis as well as other complications to patients prior to its release.

“All of the injuries and complications suffered by Plaintiff were caused by the defective design, warnings, construction and reasonably dangerous character of the Pinnacle Device that was implanted in him,” the hip implant lawsuit claims. “Had Defendants not concealed the known defects, the early failure rate, the known complications and the unreasonable risks associated with the use of the Pinnacle Device, Plaintiff would not have consented to the Pinnacle Device being used in his total hip arthroplasty.”

In his hip implant lawsuit, Baker is charging DePuy with negligence, selling a product that has a manufacturing defect, selling a product that has a defective design, failing to provide inadequate warnings, breach of warranty, negligent misrepresentation and fraud.

Baker is seeking punitive and/or exemplary damages, economic and non-economic losses including medical expenses, loss of earnings, disfigurement, pain, suffering, mental anguish, and emotional distress. The amounts will be determined in the course of the trial. Baker is also asking for attorney’s fees to be covered as well as pre and post judgment interest, and anything else that the court may decide is appropriate.

The metal-on-metal hip implant lawsuit is Mark Baker v. DePuy Orthopaedics Inc., et al., Case No. 3:13-cv-4406, in the U.S. District Court of the Northern District of Texas, Dallas Division.

If you or someone you know has suffered from metal-on-metal hip implant complications, legal options are available to you. Learn more and get a free consultation regarding a claim’s eligibility at the Johnson & Johnson DePuy ASR, Pinnacle Hip Replacement Implant Class Action Lawsuit Investigation. Experienced professionals have access to medical experts to assess whether or not the DePuy Pinnacle hip implant has played a role in your negative side effects.