Parker Waichman LLP

DePuy Executive Questioned about Pinnacle Hip Implant Safety Studies in Bellwether Trial

On Monday, a DePuy executive was questioned about whether or not the company properly analyzed the dangers of the metal-on-metal Pinnacle hip implant. According to Reuters, Depuy worldwide vice president of clinical research Pamela Plouhar took the stand in the bellwether trial. There are over 6,000 Pinnacle lawsuits consolidated in Dallas federal court. The first […]

Pinnacle-Hip-Implant-Safety-StudiesOn Monday, a DePuy executive was questioned about whether or not the company properly analyzed the dangers of the metal-on-metal Pinnacle hip implant. According to Reuters, Depuy worldwide vice president of clinical research Pamela Plouhar took the stand in the bellwether trial.

There are over 6,000 Pinnacle lawsuits consolidated in Dallas federal court. The first to go to trial was filed on behalf of a 58-year old Montana woman who received two metal-on-metal versions of the Pinnacle hip implant in 2009. Her lawsuit, filed in 2012, alleges that the defective devices released cobalt into her bloodstream and caused it to jump up to 85 times the normal level.

The outcome of the trial can affect the rest of the litigation, and influence whether or not a settlement will arise.

The lawsuit alleges that DePuy failed to warn about the risks of the devices and touted them as safe. When the Montana woman’s attorney asked what studies the company conducted to assess the safety of the implant, Plouhar answered that there was “no human study that looked at” the adverse effects of metal debris for the Pinnacle prior to 2001. Research has suggested safety issues with metal-on-metal devices since as early as 1974, the attorney said.

Plouhar claims that DePuy followed industry standards and did the “necessary studies” on the metal debris risk to prove that the hips were safe.

Last week, the woman’s attorney cited documents showing that Dr. Thomas Schmalzried, a Los Angeles surgeon, raised concerns about the hips in 2001. Schmalzried, who worked as a consultant for the company, said that additional information was necessary to determine the risk of metal-debris in the implant.

The lawsuit being tried alleges that the failure rate is unacceptably high with the Pinnacle. In seven years, the failure rate is over 14 percent. The metal liner is no longer being sold, although the device has not been recalled thus far.

There have been major safety concerns over metal-on-metal hips. These concerns truly came to light in August 2010, when DePuy recalled 93,000 ASR hip implants worldwide due to a high rate of failure. The company agreed to settle over 7,000 lawsuits for $2.5 billion last year, Reuters reports.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Excellent service from the best lawyers in New York Their customer service is excellent Especially Julie, Maryann, Dawn and the hardest the best JORGE Thank you very much to all
Jhony Gonzalez
6 months ago
5 Star Reviews 150
I can't thank Yesenia and the team at Parker Waichman for helping me with my case. I was treated with the most professional help and respect. I can't thank them enough for handling everything without ease and always keeping me updated on my case. This was my first case dealing with lawyers and Yesenia guided me and was very knowledgable. Thank you again to her and everyone at Parker Waichman!
Perry Shum
4 years ago
5 Star Reviews 150
The Office staff at Parker Waichman has been extremely responsive to all of my questions and concerns, someone is always checking in with me to see how we are feeling, how treatments are going, it puts your mind at rest and they don't allow you to stress out about the small details because they take care of all of them. I am very grateful to have Joanne, Jillian and Cristen helping my family through this. Even the reception staff are always cheerful and pleasant, it is such a pleasure speaking with them.
Kathy Oliva
8 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038