Our litigation partner David Rheingold is vigorously pursuing suits on behalf of DePuy Pinnacle metal-on-metal hip implant plaintiffs. We have filed suits in the consolidated multidistrict litigation located in Houston, Texas. Five plaintiffs in the first joint trial held in early 2016 resulted in a $500 million verdict. This included specific damages to each client as well as punitive damages for DePuy's egregious behavior.
Johnson & Johnson announced in May 2013 that they have discontinued manufacturing the Pinnacle hip device. Nevertheless, Rheingold Giuffra Ruffo & Plotkin LLP continues investigating claims and numerous adverse event reports made to the FDA arising from DePuy Hip Implant failures.
Unacceptably High Failure Rate
The DePuy Pinnacle Ultamet Acetabular Cup Hip Implant System was first marketed in 2002. A subsidiary of Johnson & Johnson, DePuy advertised their new system for use by active people. The system, made up of metal-on-metal components, gradually wears down. This results in generation of a significant amount of debris that causes severe inflammation, damage to muscles and to other soft tissue. In many circumstances, this leads to the need for follow up surgery to replace such a device.
Unfortunately, the FDA's Adverse Event Reporting system received over a thousand reports of such early failures, even though DePuy claimed the failure rate was only 1%. This failure rate is similar to failure range of 12 to 50 percent – depending upon the source – for the recalled DePuy ASR hip. In 2009, the DePuy voluntarily withdrew the system from the Australian market. In March 2010, DePuy stopped selling the ASR XL system in the United States but insisted that this was not a recall of the product. Finally in August 2010 DePuy announced a voluntary recall of their system in the United States.
The Ongoing Litigation Our Firm Is Spearheading
Initiated by attorney David Rheingold, we are filing cases in federal court. Our litigation and settlement experience with the DePuy ASR Hip, Biomot Magnum, Stryker Rejuvenate, and Zimmer Durom metal hip implants gives us a unique advantage when evaluating other metal-on-metal hip implant cases for trial, mediation or settlement plans.
If you believe your DePuy hip may be failing, please immediately discuss this medical matter with your doctors. They are the ones best suited to diagnose such failures. Also, the doctor may wish to take a blood serum sample to see if you have abnormally high levels of chromium or cobalt in your blood, known as "metallosis."
We realize for most clients this will be the first time they have been involved in litigation. And since such matters are so urgent, Rheingold Giuffra Ruffo & Plotkin LLP will begin working with you immediately in order to:
- Identify the product
- Discover if any serum tests are taking place for metal particle disease – also known as metallosis, cobalt poisoning and chromium poisoning
- Preserve the hip implant hardware as evidence
- Discuss with you DePuy's medical advice given to yourself and to other patients and doctors regarding hip failure diagnosis (including X-rays)
- Review with you your litigation and settlement prospects related to your specific injury