The lawsuit alleges that implantation of the metal-on-metal Pinnacle Hip Implant Device results in the systemic release of high levels of toxic metal cobalt-chromium ions into every hip implant patient’s tissue and bloodstream.
New York, New York (PRWEB) April 19, 2012
Parker Waichman LLP, a national law firm dedicated to protecting the legal rights of victims of defective medical devices, has filed a lawsuit on behalf of a New York man who allegedly suffered severe injuries after receiving a metal-on-metal Pinnacle Hip Implant device for total hip replacement. The lawsuit, which names DePuy Orthopaedics, Inc. and Johnson & Johnson, its parent company, as Defendants, was filed on April 12, 2012, in U.S. District Court for the Northern District of Texas, where hundreds of similar lawsuits are currently consolidated in the DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL No. 2244 (Case No. 3:11-md-02244).
According to the complaint, the Plaintiff, a resident of Washington County, New York, received a metal-on-metal version of DePuy’s Pinnacle Hip Implant System on his left side on January 3, 2007. The lawsuit alleges that the Plaintiff's DePuy Pinnacle Hip Implant has caused him to suffer from extreme pain, as well as elevated chromium and cobalt levels. The lawsuit alleges that implantation of the Pinnacle Device results in the systemic release of high levels of toxic metal cobalt-chromium ions into every hip implant patient’s tissue and bloodstream. The particles then accumulate in the patient’s tissue surrounding the implant, giving rise to metallosis, pseudotumors, or other conditions, and cause severe pain and discomfort, death of surrounding tissue and bone loss, and a lack of mobility. According to the lawsuit, the U.S. Food & Drug Administration (FDA) has received more than 1,300 adverse reports regarding problems associated with or attributed to the Pinnacle Device.
The lawsuit further states that the problems associated with the metal-on-metal version of the DePuy Pinnacle Hip Implant are similar to the issues that gave rise to the Defendants’ recall of the ASR Hip Implant device. Like the Pinnacle Device, the ASR is also prone to early failure, and causes metallosis and cobalt toxicity resulting in serious health problems and the need for subsequent revision surgery. As a result, in August 2010, Defendants, in acknowledging the high failure rate of the ASR, recalled more than 93,000 ASRs worldwide, according to the complaint.
The U.S. Food & Drug Administration (FDA) is currently conducting a safety review of metal-on-metal hip implants, including DePuy's ASR Hip Implant device, and the all-metal version of the Pinnacle Hip Replacement. Last May, the FDA directed 21 companies that market all-metal hip replacements, including DePuy, to conduct post-market studies of their products to determine if they were shedding dangerous amounts of metallic debris in patients. The agency recently announced that its Orthopaedic and Rehabilitation Devices Panel will meet over June 27 and 28 to discuss the risks and benefits of metal-on-metal hip systems, as well as potential patient and practitioner recommendations for their use. [fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241604.htm]
In March, a large study published in The Lancet showed that there is a 6.2 percent chance patients with all-metal hips will need a replacement within five years. "Metal-on-metal stemmed articulations give poor implant survival compared with other options and should not be implanted," the study authors wrote. The month prior, a report in the British Medical Journal revealed that metal-on-metal hip implant manufacturers were aware of mounting evidence linking the devices to serious, long-term health consequences, but for years failed to warn the public about these dangers. The report warned that hundreds of thousands of people around the world may have been exposed to dangerously high levels of toxic and potentially cancer-causing metals from failing metal-on-metal hip implants. [thelancet.com/journals/lancet/article/PIIS0140-6736%2812%2960353-5/fulltext; bmj.com/content/344/bmj.e1410]
Parker Waichman LLP continues to offer free legal consultations to victims of metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a DePuy Pinnacle HIp Implant, please contact their office by visiting the firm's DePuy Pinnacle Hip Implant Injury page at http://www.yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
For more information regarding defective hip implant lawsuits and Parker Waichman LLP, please visit: http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
Parker Waichman LLP
Herbert Waichman, Partner