In the late 19th century, DePuy Orthopaedics was founded with a concept for a splint created out of synthetic material rather of wooden splints usually utilized to set fractures. More than the subsequent 115 years, the business built its reputation as an innovator in the medical device industry and, with its purchase in 1998 by Johnson & Johnson, had the benefit of obtaining a huge corporation investing in it financially. With the recall of the ASR hip replacement program last fall, the business is now facing litigation directed at the Pinnacle hip replacement system. As with DePuy's previous lawsuits, compensation need to be obtainable for Pinnacle recipients with defective devices.
Allegations of multiple issues regarding the DePuy Pinnacle system have been brought to light. Over 1,300 complaints have been received by the FDA with regards to the DePuy Pinnacle hip replacement. While the majority of the complaints are about the premature loosening of the device, a New York Times report revealed that metal-on-metal devices, such as the Pinnacle system, have an increased risk of causing metal toxicity due to the metal components undergoing constant friction and releasing metal particles into the bloodstream and tissue surrounding the device. This is a risk that all medical device manufacturers, including DePuy, did not take into account.
Product liability laws are in place, which are designed to protect people from harm caused by defective products. Large companies, such as DePuy Orthopaedics, are too concerned with making a profit and overlook the safety of their products. Subsequently, people get injured, and the companies are faced with the consequences of their negligence in the form of expensive lawsuits.
A number of different theories could be used by recipients of defective Pinnacle devices to make their claim. With regards to metal toxicity, plaintiffs could claim that DePuy failed to adequately warn patients of the risk when the product hit the market.Reports of the device failing due to premature loosening indicate DePuy's negligence in establishing that the product was durable enough to meet industry standards. Although DePuy has yet to initiate a Pinnacle recall, there are many possible justifications for a Pinnacle lawsuit.
Patients that have received the DePuy Pinnacle system experiencing pain or symptoms of metal toxicity have the option of pursuing a case against DePuy. The company has set aside as much as $1 billion in the past for those suffering from their defective devices.