July 28, 2014 — Approximately 6,400 lawsuits have been filed against DePuy Orthopedics by people who were injured by the Pinnacle, a metal-on-metal hip replacement. The first “bellwether” trials are set to begin September 2014.
The lawsuits have been centralized in a Multi-District Litigation (MDL) in the U.S. District Court for the Northern District of Texas since 2011. On July 1, Judge James E. Kinkeade issued a Master Case List (PDF) with 6,382 cases.
In the MDL process, lawyers use “bellwether” trials to gauge how a jury might react to evidence that is shared among many other lawsuits. This can help expedite settlement negotiations or another resolution while avoiding trials in every single lawsuit.
DePuy tried to have a majority of the cases thrown out, but last week, Judge Kinkeade ruled that the first two bellwether trials will proceed. DePuy is accused of negligence for failing to warn about serious design defects with the Pinnacle hip implant.
DePuy has already settled about 8,000 lawsuits involving the DePuy ASR for $2.5 billion. The all-metal implant was recalled in 2010. Since then, studies have linked it to a 40% five-year revision rate.
DePuy no longer sells metal-on-metal hip implants, but they have not recalled the Pinnacle. The problem is that the metal parts can grind together and shed tiny particles of chromium and cobalt into a patient’s hip. This can lead to many serious complications, including chronic pain, inflammation, and swelling. Blood tests may also show high levels of metal ions in the bloodstream, a symptom of metallosis (metal poisoning). When these serious complications occur, many patients must undergo revision surgery to remove and replace the defective implant.
Do I have a DePuy Pinnacle Hip Implant Lawsuit?
The Schmidt Firm, PLLC is currently accepting DePuy Pinnacle induced injury cases in all 50 states. If you or somebody you know has been injured by a metal-on-metal hip replacement, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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