The firm was professional, always keeping me updated on the process of the case until it was finalized. I would recommend their services.
Overta Smith
a year ago
Hip Replacement Surgery and Implants A person’s hip joint is composed of a ball-and-socket system. The ball is located on the top of the femur bone, and the socket is located in the pelvic bone. In a healthy hip, tissue and cartilage cushion the joint and create ease of movement around the joint. Throughout time […]
A person’s hip joint is composed of a ball-and-socket system. The ball is located on the top of the femur bone, and the socket is located in the pelvic bone. In a healthy hip, tissue and cartilage cushion the joint and create ease of movement around the joint. Throughout time and age, however, and usually as a result of advanced arthritis, that tissue and cartilage can wear down, causing pain and immobility for a person.
In these situations, many patients decide to undergo total hip arthroplasty, or a full hip replacement. During this procedure, a surgeon removes the damaged portions of the hip and places a ball-and-cup implant to give the patient a new hip joint. One product available to assist with this procedure is the Pinnacle metal-on-metal implant.
Pinnacle hip implants are hip replacement devices designed for younger patients to have a greater range of mobility than traditional devices. Pinnacle implants are devices implanted into the pelvis during a hip replacement to help relieve pain and increase mobility.
The Pinnacle implant is manufactured by DePuy Orthopaedics, Inc., which is a division of the well-known corporation Johnson & Johnson.
There are a few different types of DePuy hip replacements: Ceramic-on-ceramic. Metal-on-polyethylene. Metal-on-metal. Ceramic-on-metal.
On average, hip replacements last between 15-20 years, but there are plenty of cases where patients have had them for 30 years or more.
The DePuy Pinnacle hip implant has been known to cause severe injuries in patients who received the metal-on-metal version. When patients have already been dealing with the pain and frustration of a deteriorating hip, it can be absolutely devastating to discover that the very implant that was to correct the problem has caused further painful complications. An experienced medical device lawyer can help you receive deserved compensation for your injuries from the hip implant manufacturer.
Pinnacle is the name of a brand of hip implants manufactured by DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson. The Pinnacle line has a few different replacement options, but litigation has been ongoing related to the metal-on-metal hip implant.
Ceramic-on-ceramic hip replacements were created with younger patients in mind. They allow for a wider range of mobility and last longer than other types of hip replacement bearings since they have a decreased chance of wear and tear, dislocation, and head-neck taper corrosion.
Nearly 1,300 patients who had been implanted with a metal-on-metal DePuy pinnacle hip replacement are reporting complaints of:
Pinnacle is a metal-on-metal implant, meaning all of its parts are made of metal. Studies have shown that as these metal components in the Pinnacle implant rub together and wear down, they can release metal ions into the body. The deposits of metal can build up and lead to a condition known as metallosis. The symptoms of this condition commonly include:
Treatment for metallosis will ordinarily involve surgery, and the condition can sometimes be fatal. Almost all patients who experience these complications will need to undergo a procedure to replace the defective hip implant and repair damaged bone and tissue. Often, patients’ problems cannot be addressed in just one procedure and must be corrected with several surgeries.
As of July 2020, a DePuy Pinnacle recall has yet to be issued despite a large number of patients reporting problems and difficulties with their hip replacement. Keep up to date on the news, as this may change at any time. People who are experiencing adverse symptoms allege that the company failed to warn them about these side effects.
ASR XL Acetabular System and the ASR Hip Resurfacing System is the main hip replacement being recalled. In its voluntary recall of ASR implants, DePuy noted that according to 2010 data collected from an independent national registry in the United Kingdom, patients who had an ASR implant had high rates of revision surgeries. Within five years of having an ASR device implanted, 12 to 13 percent of patients had revision surgeries.
We are fighting for a recall of the Pinnacle implant as well because we believe it is just as dangerous as – if not more dangerous than – the ASR hip implants.
A large number of plaintiffs filed a Pinnacle hip replacement lawsuit against DePuy and Johnson & Johnson for their injuries, and the cases were consolidated into a Multidistrict Litigation. A Multidistrict Litigation (MDL) allows all cases of one kind to be placed in the same federal court to make sure pre-trial issues are decided in the same way. MDLs allow parties to preserve resources and eliminate unnecessary work duplication. The Pinnacle MDL was located in the U.S. District Court for the Northern District of Texas. Judge Ed Kinkeade oversaw pre-trial matters and has been presiding over the first Pinnacle trials, called “bellwether” trials.
The first Pinnacle bellwether case went to trial in 2014, and the jury found in favor of Johnson & Johnson. The second trial occurred in March 2016, when a Texas Pinnacle jury rendered a verdict of $500 million ($140 million in compensatory damages and $360 million in punitive damages) in favor of five plaintiffs. However, Judge Kinkeade significantly reduced the March verdict to $151 million to comply with Texas’ state law regarding limitations or “caps” on damages. Further, this case is on appeal because Johnson & Johnson believes errors were committed during the trial that give it grounds for reversal of the verdict.
As you might have read, the third Pinnacle trial concluded on December 1, 2016, when another Texas jury rendered a verdict of $1 billion ($32 million in compensatory damages and $968 million in punitive damages) in favor of six plaintiffs. However, Judge Kinkeade also significantly reduced this verdict to comply with Texas law, taking the verdict down to $543 million.
Most recently, the fourth bellwether trial is underway in Texas, beginning in September 2017 and consisting of six plaintiffs from New York. Prior to the trial, the defense asked the 5th Circuit Court of Appeals to order Judge Kinkeade to cancel the trial for lack of jurisdiction over the New York plaintiffs. Plaintiffs strongly opposed, and the 5th Circuit Court ultimately declined to issue such an order. In an advisory opinion, the 5th Circuit Court suggested that the Texas trial court did not have jurisdiction, but stated this issue could be addressed during the trial.
The large verdicts plaintiffs’ counsel have been able to secure are extremely encouraging for the Pinnacle hip lawsuit appeal in 2018. After almost a decade of litigation, several trials and millions of dollars, Judge Kinkeade came to the conclusion that the Pinnacle hip settlement in 2020 would be $245 million allocated between the law firms who worked on the case to hand out to their clients as they see fit.
A statute of limitations is a time limit imposed by the state on filing a lawsuit. If you do not file a claim for injuries within the appropriate amount of time and in the appropriate court, your claim can be forever barred, regardless of the merits of your case. States create statutes of limitations to encourage plaintiffs to act quickly. Quicker action has the effect of preserving the integrity of evidence. The only way to determine the completely correct statute of limitations on your DePuy hip case is to work with an experienced lawyer, like the lawyers at Parker Waichman. As soon as we receive a case, we go to work calculating the appropriate statute of limitations and preserving all relevant evidence to make sure we have time to file a lawsuit and have everything we need to build the best possible case. If you think you have a potential Pinnacle hip lawsuit, contact our office today.
We realize filing a Pinnacle hip lawsuit against Johnson & Johnson can seem overwhelming, but our team makes the process as smooth as possible for our clients. It starts with one simple phone call to our office. During that call, you will be able to speak with a seasoned attorney who can explain the services we provide and help you understand your options moving forward.
Thereafter, when you sign up your case with Parker Waichman LLP, we will immediately begin investigating your case to determine whether you can file a Pinnacle hip replacement lawsuit. The basic case process from intake to filing will include all of the following:
Our lawyers have decades of experience holding medical device manufacturers responsible for people’s injuries. We have secured settlement and verdicts for our clients to the tune of more than $2 billion. When you hire us, you can feel confident your case is in the hands of seasoned professionals who know how to win. We know your case is important to you and your family, and you can feel assured it is just as important to us.
A large number of plaintiffs filed suit against DePuy and Johnson & Johnson for their Pinnacle injuries, and the cases were eventually consolidated into a Multidistrict Litigation. A Multidistrict Litigation (MDL) allows all cases of one kind to be placed in the same federal court to make sure pretrial issues are decided in the same way. MDLs allow parties to preserve resources and eliminate unnecessary work duplication.
The Pinnacle MDL is located in the U.S. District Court for the Northern District of Texas in front of Judge Ed Kinkeade. Judge Kinkeade oversaw pretrial matters and has been presiding over the first Pinnacle trials, called “bellwether” trials. Several of these trials have already taken place, and one is currently underway.
When clients contact us about their potential Pinnacle hip replacement claims, they usually have a lot of questions about the implant itself and the current litigation. We are committed to explaining the nature of these cases to our clients so they feel confident their rights are being protected.
In order to file a lawsuit against DePuy and Johnson & Johnson, a person must be able to prove he or she had a Pinnacle implant. Generally, before surgery, surgeons will discuss the implant they intend to place but do not always call the implant by its brand name. For this reason, you might know that you have a metal-on-metal hip implant but have no idea what the implant is called or who manufactured it. Many of our clients do not know what kind of implant they have when they call us about their case, and we tell them is this not a problem.
When you hire Parker Waichman LLP, we will track down that information for you. After we receive your potential claim, we will immediately order medical records from the day of your hip replacement surgery. When we request these records, we will also ask for copies of the intraoperative records and implant reports from your hip surgery. Those records will usually contain a lot number or product sticker that identifies the specific brand and manufacturer of your hip implant. We call this sticker or lot number “product identification.” Once we have identified what kind of hip implant you have, we can discuss how to move forward.
If we find out that you do not have a Pinnacle brand implant, we will work to include your case in one of our other medical device litigations. We will do our best to find a way to obtain compensation from your manufacturer.
Adhesive labels routinely included in the patients’ medical records that contain information of the manufacturer, implant name, company code, and barcode for that specific implant in order for hospitals to charge for the implant.
Corail stem is made of forged titanium alloy (TiAI6V4). This product is often used with a Pinnacle cup to create a hip replacement product.
Ceramic-on-ceramic hip replacements are a long-lasting implant used to help relieve hip pain and increase mobility for people suffering from hip issues.
Ceramic-on-ceramic hip replacements last longer than 20 years which is why they are becoming more widely adopted in hip replacements worldwide.
Yes, it’s a common problem with hip replacements in general, but especially ceramic hip replacements.
Surgeons have many options to choose from these days when selecting implants for patients’ total hip replacements. The Pinnacle implant is made entirely of metal parts, which is why it is so dangerous. These metal parts rub together and send particles into patients’ bodies that cause serious medical complications.
Rather than a metal implant, surgeons can choose to use the following kinds of replacement:
While our lawyers would argue metal should not be used at all in hip implants, it is likely better to have an implant made partially of metal than made of all metal. Of course, the decision as to which hip implant you use is one that must be made between you and your hip surgeon. We highly recommend, though, that you investigate what implant might be used and see if we have a current litigation on that product. We are happy to answer questions for you about any of our current medical device litigations.
At this stage of the Pinnacle lawsuits, we are not able to make determinations about duration of the litigation. It is also very important to note that settlements are never guaranteed. While we will fight tenaciously for your case to be resolved, we can never be 100 percent sure of what the defendants will do.
As you can imagine, many people have been affected by Pinnacle hip implant injuries. Because of the size of this litigation, things tend to move more slowly than a standard state court personal injury claim. As you are probably aware, these cases have already been pending for quite some time. MDL management sometimes moves slowly, though there are multiple reasons to favor an MDL over a state court action in a litigation of this size. Throughout the entire time your case is pending, we will do our best to keep you updated on the litigation’s progress. We are also always a phone call or email away, and we encourage you to contact us any time you have questions or concerns about your claim. We take client communication very seriously and want to make sure you always feel assured about your case’s progress.
The attorneys at Parker Waichman know your Pinnacle injuries have changed your life, and we are committed to helping you receive just compensation. When you file a claim for damages against DePuy and Johnson & Johnson, you can recover for all of the ways you have been harmed by their device. This includes claims for the following types of compensation:
In our decades litigating personal injury and product liability cases, we have earned a reputation for superior client advocacy. Fellow plaintiffs’ lawyers, defense lawyers, judges, and current and former clients have bestowed us with numerous accolades and honors, including:
We know hiring a lawyer can seem scary, and it is difficult to know how to start. When you call Parker Waichman LLP, you will immediately feel at ease. During your first call, you will have the opportunity to schedule a consultation with one of our dedicated medical device attorneys, who will listen to your story and present you with possibilities to hold the manufacturer accountable.
We understand that because of your Pinnacle hip replacement injuries, you are likely already struggling to pay lofty medical bills. Your original surgery and subsequent surgeries and treatments have placed a large financial burden on your shoulders. Now bills are piling up, and you cannot afford anything else or bear to take on any added stress. Product liability litigation, especially against a giant corporation like Johnson & Johnson, can be extremely expensive. But you do not need to worry about any of that.
You have enough to worry about, so let us fight this battle for you. We offer confidential free consultations, and we contract our defective hip replacement cases on a contingency-fee basis. That means we take on all that financial risk ourselves. We will advance the costs of litigating your claim, and if you don’t get paid, neither do we. Even if we perform a thorough investigation and incur out-of-pocket expenses and decide we cannot move forward with your claim, you will never receive a bill from us. There has never been a better time to stand up for your rights, so contact our firm today by filling out our online form or calling 1-800-YOURLAWYER (1-800-968-7529).
