North Carolina Woman Files DePuy Pinnacle Hip Implant Lawsuit

The lawsuit states that Williams underwent a surgical procedure on her right hip on February 25, 2008 in which a Pinnacle Device was implanted on her. Since then, she claimed to have “suffered debilitating pain and the need for multiple revision surgeries to replace the Pinnacle implant.”

DePuy launched the Pinnacle Hip Implant Device in 2001. According to the lawsuit, the device was “designed, developed and sold for human hip joints damaged or diseased due to fracture, osteoarthritis, rheumatoid arthritis and avascular necrosis. The device is supposed to provide pain relief and consistent and smooth range of motion.”

According to the lawsuit, there have been 1,300 adverse reports submitted to the U.S. Food and Drug Administration (FDA) regarding failures or complications of Pinnacle Devices. But since DePuy “do not seek premarket approval from the FDA, and thus the FDA makes no finding that the Pinnacle device is safe or effective.”

“Defendant took no steps to test the Pinnacle device or they would have discovered that it leads to metallosis and other complications before releasing it to the market,” the lawsuit said.

The complaint stressed that all of the injuries and complications suffered by Williams were caused by the defective design, warnings, construction and unreasonably dangerous character of the Pinnacle Device that was implanted.

DePuy allegedly concealed the known defects and complications associated with the use of the Pinnacle Device. Had she known of the possible complications, the complaint said that Williams would not have consented to the said device being used in the surgical procedure.

The lawsuit alleged that DePuy should have known that those implanted with the Pinnacle Device were at risk for suffering harmful effects from it “including but not limited to partial or complete loss of mobility, loss of range of motion, as well as other severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, as well as the need for a revision surgery to replace the device with the attendant risks of complications and death from such further surgery.”

Because of this, Williams is suing DePuy for negligence, strict product liability and fraudulent concealment. She is seeking for damages in an amount to be proven by trial; compensation for non-economic losses; restitution and restitution and disgorgement of all revenue that defendants have obtained through the manufacture, marketing, sale and administration of the Pinnacle Device; attorneys’ fees and costs; pre and post-judgment interest; and any other relief that the court may deem just and proper.

This Pinnacle Hip Implant Lawsuit is Betty F. Williams v. DePuy Orthopaedics Inc., Johnson & Johnson Services Inc., Johnson & Johnson and Thomas P. Schmalzried M.D., Case No. 3:13-cv-04212-K, in the U.S. District Court for the Northern District of Texas, Dallas Division.

Have you developed metallosis or other side effects due to a DePuy Pinnacle hip implant or other metal on metal hip implant? If so, please visit the DePuy, Biomet, Wright Medical Technology & Others, Metal on Metal Hip Implant Class Action Lawsuit Investigation page right away. DePuy Pinnacle hip implant lawsuit attorneys are willing and ready to investigate your metal hip implant side effects, including: degenerative heart disease cardiomyopathy; a higher risk of cancer due to toxic substances leaking from metal-on-metal hip implants; swelling, inflammation and severe discomfort; non-cancerous tumors surrounding the hip implant site which can cause pain; premature failure of the metal hip replacement requiring revision surgery; and metallosis. They do not get paid unless you do.