In the late 19th century, DePuy Orthopaedics manufactured splints using synthetic material instead of wooden splints typically used to set fractures. The company has since been able to build its reputation over the next 115 years as an innovator in the medical device industry,and solidified when the company was bought by Johnson & Johnson in 1998. DePuy Orthopaedics had the benefit of having a huge corporation investing in it financially with its purchase in 1998 by Johnson & Johnson. With the recall of the ASR hip replacement system a few years later, the company is now facing litigation directed at its Pinnacle hip replacement system. The medical world was quite affected with these medical device issues that doctors are now trying to “avoid hip replacement through proper joint alignment“.
Allegations of numerous problems associated with the DePuy Pinnacle system are now coming forward. Latest reports claim that over 1,300 complaints have been received by the FDA concerning 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 medical device manufacturers like DePuy did not account for.
In order to protect people from harm caused by defective products, a product liability law became possible. Large companies such as DePuy Orthopaedics are too concerned with making a profit and overlook the safety of their products. This results in people getting hurt and forcing these companies to take responsibility for their negligence in the form of expensive litigation.
There are a number of different theories upon which recipients of defective Pinnacle devices could make their respective claim. For those suffering from metal toxicity, plaintiffs may claim that DePuy failed to sufficiently warn patients of the risk when the product was publicly distributed. Failure of the device through premature loosening is evidence of the fact that DePuy was negligent in ensuring that the product had the durability to meet industry standards. Although DePuy has yet to initiate a Pinnacle recall, there are many possible justifications for a Pinnacle lawsuit.
Patients experiencing pain or symptoms of metal toxicity may have the option of pursuing a case against DePuy through filing a DePuy Pinnacle lawsuit.
References:
http://edition.cnn.com/2011/10/28/health/alignment-hip-replacements-pack/index.html?eref=rss_health&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_health+%28RSS%3A+Health%29