Although the DePuy Pinnacle hip implant device has not suffered a recall like the DePuy ASR has, from January 1, 2010 through December 31, 2010, the FDA received 548 adverse event reports regarding Pinnacle products. At this time, more than 3,000 DePuy Pinnacle federal lawsuits have been filed as well as a significant number of state lawsuits by those patients who suffered harm or injury as a result of the metal-on-metal implant. It is estimated that 150,000 consumers received a Pinnacle hip device and are at risk for metal-on-metal hip implant side effects including severe inflammation, pain, and deterioration of tissue, bone and muscle as well as symptoms of metal poisoning.
Legal analysts believe that due to the lawsuits currently filed against DePuy for harm suffered from the Pinnacle as well as those which are likely to come later, Johnson & Johnson—DePuy’s parent company—could be liable for billions of dollars in damages. The federal Pinnacle cases have been consolidated in an MDL in the U.S. District Court for the Northern District of Texas under Judge James Kinkeade. While depositions for these federal Pinnacle cases began in January, 2013, the first trial is not scheduled until March, 2014.
Apparently some hospitals refused to turn over the Pinnacle implants following revision surgery without a court order, causing Judge Kinkeade to enter a very strong order to DePuy regarding preservation of evidence. When hospital administrators balked at turning over the implants, Judge Kinkeade had the Special Master call those hospitals and give them the choice of turning over the implant or coming into the court for a “discussion” with the judge.
One of the plaintiffs in the Pinnacle cases is Michael J. Assad of San Francisco. Mr. Assad filed his suit after his Pinnacle hip implant failed, causing him to undergo revision surgery. Assad claims DePuy was aware the Pinnacle had significantly higher rates of early failure and that the implant had the potential of shedding metal debris into patients’ bodies. Assad further claims that DePuy concealed known issues with the Pinnacle and that there was negligence involved in the marketing of the implant. It is expected that Assad’s attorney will be asking for medical expenses, lost wages and pain and suffering, particularly since the problems he suffered with his right hip implant caused additional problems in his left knee.
A defective DePuy Pinnacle hip implant device can take a toll emotionally and financially. While it is difficult to compensate a person for injury suffered by a medical device believed to be safe, litigation against the company could help get the patient on the road to recovery and relieve them of the burden of huge medical expenses related to revision surgery. Unfortunately, revision surgery is much more difficult and riskier than the first hip implant surgery and is likely to be much more expensive. The recovery time is significantly longer, causing the patient to miss substantial amounts of work—sometimes as long as six weeks or more. Those who feel they may have a DePuy Pinnacle case are advised to speak with an experienced attorney before signing anything or making any decisions about their future.