September 11, 2014 — Trial attorneys for a woman who was injured by the DePuy Pinnacle hip implant allege that the device-maker knew it was defective in 2001, but failed to withdraw it from the market until August 2013.
The plaintiff, Kathleen Herlihy-Paoli, alleges that the metal-on-metal hip implant is defectively designed because it can shed tiny particles of chromium and cobalt. When the metal debris accumulates in the hip, it can cause debilitating complications. She allegedly developed an infection and needed revision surgery to replace the implant.
According to Bloomberg, her attorney presented evidence that DePuy executives knew that the Pinnacle could generate metal debris and potentially cause metal poisoning in February 2001.
Attorneys also presented e-mails and memos from doctors who told DePuy they were concerned about the potential release of metal ions, which they called a “major issue for metal-on-metal hips.”.
By 2012, DePuy allegedly knew that the Pinnacle had a 12% five-year failure rate. Other DePuy hip implants, such as the ASR, have been linked with a 40% five-year failure rate. The “acceptable” failure-rate is less than 5% after five years.
DePuy recalled the ASR in 2010. However, they did not take the Pinnacle off the market until August 2013, just months after the FDA asked for new safety studies.
DePuy has already agreed to a $2.5 billion settlement in about 8,000 lawsuits involving the ASR, for a payout of at least $250,000 per surgery for each plaintiff. DePuy is facing about 6,000 lawsuits involving the Pinnacle, a similar device that has been linked to the same side effects.
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 diagnosed with metal poisoning or needed surgery, 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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