On October 19, 2011, Gary Wright filed suit in U.S.
District Court, in the Northern District of Texas (Dallas). Wright's DePuy hip lawsuit
addressed problems with the Pinnacle Acetabular Cup System, a metal-on-metal
hip replacement manufactured by DePuy Orthopedics. The plaintiff is not the
first to experience unexpected side effects from the device. In fact, many
recipients of the Pinnacle Acetabular Cup System report extreme pain and
inflammation that led to limited mobility or complete loss of mobility in the
affected hip.
DePuy
Orthopedics Charged with False Safety Advertisement
In addition to pain and inflammation, the Pinnacle
Acetabular Cup System is linked to tissue loss, bone loss and metallosis.
Metallosis is a type of metal poisoning that occurs due to DePuy hip complications, the implant releases
metallic chips into the bloodstream and surrounding tissues. Metallosis can
cause rash, pain and pseudotumors, which are inflamed lumps of cells that
resemble tumors.
Wright, like other patients who have filed suit
against DePuy, claims that the company provided false advertisement when it
stated that its product was a safe and superior alternative to similar hip
replacements. Wright also alleges that DePuy should have acquired premarket
approval from the Food and Drug Administration (FDA). FDA premarket approval
requires testing and research into a new device, and helps determine whether it
is safe. However, thanks to a grandfather clause, DePuy was exempt from this
requirement and bypassed premarket approval.
Wright believes that the FDA's rigorous testing
requirements would have revealed flaws in the Pinnacle Acetabular Cup System –
and that he, and other victims like him, would not have suffered from faulty
device implantation. Wright's lawsuit also cites both the ASR XL Acetabular
System and the ASR Hip Resurfacing System, two DePuy products that were
recalled due to similar problems. If Wright's clams are true, the Pinnacle
Acetabular Cup System may be subject to a global recall.
DuPuy Hip
Recall Possible
In 2010, DePuy Orthopedics issued a recall for
their ASR Hip Resurfacing System and ASR XL Acetabular System. Hundreds of
thousands of patients worldwide were recipients of these devices, and an
estimated 13,000 of every 100,000 reportedly experienced device failure within
five years. As of October 2011, steps have not been taken to issue a recall of
the Pinnacle Acetabular Cup System. However, if such an event were to occur,
thousands would be affected – and more lawsuits would surely be filed.