The DePuy Pinnacle hip lawsuits involving metal-on-metal hip systems continue to mount in the federal multidistrict litigation currently underway in the U.S. District Court for the Northern District of Texas. According to a Master Case List issued by the court on January 31, 2014, at least 5,590 DePuy Pinnacle lawsuits have been filed in the proceeding on behalf of individuals who were allegedly injured by a version of the Pinnacle Hip Replacement System that utilizes the Ultamet liner. (Orthopaedics Inc. Pinnacle Hip Implant Product Liability Litigation, MDL No. 2244)
All of the Pinnacle hip lawsuits pending in the Northern District of Texas allege that the all-metal design created by the Ultamet liner can cause the hip implant to shed dangerous amounts of microscopic metal debris into patients’ tissue and blood stream. Among other things, plaintiffs assert that the all-metal Pinnacle is flawed in much the same way as the DePuy ASR hip, which was recalled in 2010. This has caused much debate regarding whether or not the metal-on-metal Pinnacle hip system should be pulled from the market as well.
Many of the lawsuits allege that DePuy Pinnacle hip implants shed metal debris inside of the body and is released into the bloodstream, causing swelling, general pain, and metallosis (metal poisoning). Metallosis causes a number health complications including; general infection, thyroid problems, cognitive impairment, and cardiomyopathy, which can lead to heart failure.
According to an alert issued by the U.S. Food & Drug Administration (FDA) in January 2013, metal-on-metal hip implants may be more prone to premature failure than devices made from other materials, such as plastic or ceramic. Recipients of such implants who suffer pain, swelling, or other symptoms that might be indicative of failure should undergo metal ion blood testing to ensure their hip is functioning properly, according to the agency.
The FDA has also recommended stricter regulations for metal-on-metal hip implants, including a requirement that manufacturers of devices currently on the market conduct safety studies on their products if they plan to continue selling them. Consequently, this prompted a decision by DePuy Orthopedics to end sales of such devices, including the all-metal Pinnacle. Consequently, the Pinnacle litigation’s first bellwether trials are scheduled to begin in September 2014.
Legal Commentary
From a civil standpoint, our firm has represented numerous families who are the victims of the dangerous or crippling effects of the DePuy ASR hip implant. If you or a loved one has experienced any of these problems because the implant, we encourage you to consult with one of our Hip Implant attorneys as soon as possible. Although no amount of money can compensate for permanent physical damage, a successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully help compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead hip implant lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.
About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing hip implant victims and families harmed by dangerous implantations on a nationwide basis. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.