Rottenstein Law Group Deems Pre-Trial Consolidation of Federal DePuy Pinnacle Hip Device Lawsuits More Likely with DePuy Agreement

Share Article

The Rottenstein Law Group, which represents clients with claims stemming from the failures of defective hip replacement devices manufactured and sold by DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has learned that DePuy supports consolidation of federal Pinnacle lawsuits into a single Multidistrict Litigation, or “MDL,” proceeding for purposes of pretrial discovery.


One of the earliest plaintiffs to file suit against DePuy—in the U.S. District Court for the Central District of California (Catherine Falvey v. DePuy Orthopaedics, Inc. et al, case no. 2:11-cv-02441)—in late March petitioned the Judicial Panel on Multidistrict Litigation (JPML) to consolidate all federal Pinnacle lawsuits. Falvey specifically proposed that the MDL be assigned to either the United States District Court for the Southern District of Texas or that of the Central District of California.

In a response filed on April 18, DePuy agreed that MDL would be useful, but counterproposed that consolidated cases be assigned to the United States District Court for the Northern District of Texas, before Chief District Judge Sidney Fitzwater. The JPNL is scheduled to hear oral arguments on the motion to consolidate the DePuy Pinnacle cases at its next session, on May 16, in Louisville, Kentucky.

MDL is a mechanism that allows for greater efficiency in the handling of numerous lawsuits, typically by different plaintiffs against a common defendant or defendants. Unlike a class action, MDL does not distribute equal damages to all involved plaintiffs. Instead, it provides plaintiffs with access to the defendant’s pretrial disclosures, eliminates inconsistent pretrial rulings by multiple judges, and speeds up the litigation process for all litigants and the court. Plaintiffs maintain their own lawsuits and take their cases to trial separately.

In August 2010, the U.S. Food and Drug Administration (FDA) requested a recall of DePuy’s ASR hip replacement systems, due to a much higher than industry-accepted estimated failure rate of 12% within five years of the initial replacement surgery. The FDA had predicated its quick approval of DePuy’s ASR devices for sale in the United States on the device’s substantial similarity to another DePuy product, already approved for sale—the Pinnacle hip replacement system.

Now, however, the FDA is receiving complaints about the older Pinnacle system—to date more than 1,300 negative reports, most of them related to the device coming loose, leading to severe pain when the recipient performs simple tasks. There is another problem with the Pinnacle system, though: A study published in December and reported by the New York Times has shown that due to the composition of the Pinnacle system, metal may flake off the device and embed itself in the surrounding tissue of the recipient, which puts the person at risk of developing metal poisoning.

Accordingly, the Rottenstein Law Group is imploring anyone with a friend or relative who has received a hip replacement device to reach out to that person and recommend that he or she consult a physician immediately and then speak to a qualified personal injury lawyer.

The Rottenstein Law Group maintains a DePuy Pinnacle Lawsuit Information Center at The site has features that allow for easy sharing, including links for automatic posting on Facebook and Twitter, specifically to enable visitors to spread the word about the DePuy Pinnacle failures.

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients in consumer product injury, mass tort, and class action lawsuits in a compassionate manner.

The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
1259 Veeder Drive
Hewlett NY 11557
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)

# # #
# # #

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Rochelle Rottenstein, Esq.
Visit website