The drug and medical device unit at Searcy Denney Scarola Barnhart & Shipley recently filed yet another products liability lawsuit against DePuy with regard to a failed DePuy Pinnacle metal-on-metal hip implant. This latest individual lawsuit was filed on behalf of a Fort Lauderdale man who developed elevated metal ions, formation of a pseudotumor, tissue staining, and other conditions consistent with metallosis and an adverse reaction to the DePuy metal-on-metal hip implant. These conditions led to the premature failure of the hip implant and the need for a revision surgery to remove the device.

This is what a common hip prosthesis looks like. The Pinnacle has a metal cup instead of a polyethylene (plastic) cup.

This particular patient’s bad experience with the DePuy Pinnacle device is rather typical with signs of premature failure of the hip prosthesis occurring within 5 to 6 years after implantation. Since metal-on-metal hip implants manufactured by DePuy, Biomet, Smith & Nephew, Zimmer, and others continue to be sold to surgeons and implanted in unsuspecting patients, it is likely that there will be perhaps thousands of additional lawsuits filed in the future by patients who have been injured by these products and forced to endure painful revision surgeries and left with long-term bone and joint damage as a result of the defective nature of the cobalt-chromium articulating surfaces of the implants.

The FDA has urged patients to see their orthopedic surgeons each year following their original hip implantation surgery so that the potential failure of the metal-on-metal device can be identified quickly and addressed before long-term damage is suffered to the supporting bone and soft tissues around the hip implant (which may impair the ability for a patient to have successful hip implantation surgeries in the future). Patients with metal-on-metal hip implants should be tested on a regular basis for elevated levels of cobalt and chromium in their bloodstream. Many patients with these devices have also undergone a special type of MRI scanning known as a MARS MRI, which helps to identify the presence of fluid and abnormal tissue growth around the implant (which is a sign of impending device failure and the need for revision surgery).

Currently, there are thousands of individual lawsuits relating to injuries caused by the Pinnacle metal-on-metal hip implant pending in courts around the nation. Most of the cases are filed in coordinated state court litigation in California or in the federal court MDL proceedings based in Dallas, Texas. The first trial against DePuy involving DePuy Pinnacle hip implants resulted in a verdict in favor of the manufacturer in the fall of 2014. Currently, the individual cases of 9 additional plaintiffs are being prepared for the next trial in the MDL proceedings. That trial is currently scheduled to occur before Judge Kinkeade in January of 2016 in Texas. Searcy Denney partner Cal Warriner is a member of the Plaintiffs’ Steering Committee for MDL No. 2244, and has been involved in expert witness development and preparation for the upcoming trials.