When to File a Claim Against DePuy Pinnacle in a Products Liability Lawsuit
In 2003, DePuy Orthopaedics released the Pinnacle metal-on-metal hip replacement especially directed at younger patients wanting to maintain an active lifestyle after hip replacement surgery.Soon after it was released, the Pinnacle system became associated with several different problems, which included the premature loosening of the device as well as a more serious risk of metal toxicity. Allegations of the device failing with recipients requiring additional corrective surgery have brought about a number of DePuy Pinnacle lawsuits. A Judicial Panel recently convened on May 16th to decide where the multidistrict litigation (MDL) for Pinnacle lawsuits should be held.
Plaintiffs can make a case for product liability if they can demonstrate that the defendant's product caused damage to the plaintiffs through (a) a defect in the design of the product, (b) a defect in manufacturing, or (c) a failure to warn the public of latent dangers the product causes.For a successful argument regarding design defect, the plaintiff must demonstrate that DePuy did not sufficiently test the product or utilized design methods that were significantly more dangerous than previous ones. With regards to product disclosure, it must be proven that DePuy was aware of the defects in the hip implant, but failed to initiate a recall in an appropriate and timely manner. At present, a Pinnacle recall has not yet been initiated by either DePuy Orthopaedics or Johnson & Johnson, despite the increasing number of complaints against the device. These circumstances are applicable to the DePuy implants since there is clearly a defect in the design of the hip replacements and the overwhelming evidence showing that the company neglected to warn the public about these defects and implement a recall.
Over 1,300 complaints have been received by the U.S. Food and Drug Administration (FDA) concerning the Pinnacle device, with a significant number of these complaints focused on the device loosening from the bone, causing device failure. One of the main reasons for premature loosening of the Pinnacle device from the bone is due to a condition known as metal toxicity. Because the metal components these implants are in constant friction, metal particles are released into the bloodstream and surrounding tissue causing debilitating pain and other adverse side effects. The device failing due to premature loosening shows DePuy's inability to establish that the product was durable enough to meet industry standards, making a strong case for a DePuy Pinnacle lawsuit.
Patients that are experiencing any of these symptoms due to a defective Pinnacle device should pursue a DePuy Pinnacle lawsuit.If you believe you are entitled to proper compensation because your quality of life has been affected, go to the DePuy Pinnacle lawsuit website now to have your case evaluated for free.
Plaintiffs can make a case for product liability if they can demonstrate that the defendant's product caused damage to the plaintiffs through (a) a defect in the design of the product, (b) a defect in manufacturing, or (c) a failure to warn the public of latent dangers the product causes.For a successful argument regarding design defect, the plaintiff must demonstrate that DePuy did not sufficiently test the product or utilized design methods that were significantly more dangerous than previous ones. With regards to product disclosure, it must be proven that DePuy was aware of the defects in the hip implant, but failed to initiate a recall in an appropriate and timely manner. At present, a Pinnacle recall has not yet been initiated by either DePuy Orthopaedics or Johnson & Johnson, despite the increasing number of complaints against the device. These circumstances are applicable to the DePuy implants since there is clearly a defect in the design of the hip replacements and the overwhelming evidence showing that the company neglected to warn the public about these defects and implement a recall.
Over 1,300 complaints have been received by the U.S. Food and Drug Administration (FDA) concerning the Pinnacle device, with a significant number of these complaints focused on the device loosening from the bone, causing device failure. One of the main reasons for premature loosening of the Pinnacle device from the bone is due to a condition known as metal toxicity. Because the metal components these implants are in constant friction, metal particles are released into the bloodstream and surrounding tissue causing debilitating pain and other adverse side effects. The device failing due to premature loosening shows DePuy's inability to establish that the product was durable enough to meet industry standards, making a strong case for a DePuy Pinnacle lawsuit.
Patients that are experiencing any of these symptoms due to a defective Pinnacle device should pursue a DePuy Pinnacle lawsuit.If you believe you are entitled to proper compensation because your quality of life has been affected, go to the DePuy Pinnacle lawsuit website now to have your case evaluated for free.
