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

In 2009, Kathleen Herlihy-Paoli was implanted with a metal-on-metal Pinnacle hip. She filed a suit against the DePuy Orthopedics, Inc. (“DePuy”), the manufacturer of a Pinnacle hip implanted in her. She alleged that she began experiencing severe pain and asserted that her injuries were a result of the failed metal-on-metal Pinnacle hip implant. In addition, the complaint alleged that her physician determined that the implants were leaching dangerous levels of cobalt and chromium into her blood stream, requiring revision of the device.

It was the first trial of thousands of similar claims pending in the Texas Federal Court and in state courts throughout the country.

At trial, DePuy argued that her injuries were not caused by defects in the Pinnacle device, but were the result of the device being improperly implanted.

Jurors were asked to decide whether Ms. Herlihy-Paoli’s injuries were caused by DePuy’s failure to act as a reasonable medical device manufacturer in the design of, and warning for, the Pinnacle device and whether the product was defectively designed and sold without adequate warning that would have been readily recognized by implanting physicians.

The jury found that DePuy was not liable for her damages.