Despite not being included in the DePuy hip recall of August 2010, the number of DePuy Pinnacle injury compensation claims in the United States has grown so quickly that legislators have merged them into one class action suit – known as a “multi-district litigation” case (MDL).
Over three hundred DePuy Pinnacle injury compensation claims have been filed to date – an alarming figure considering that the DePuy Pinnacle hip replacement system was not introduced to the market until five years after the recalled DePuy ASR hip replacement systems in 2008 – with each claiming injuries similar to those experienced by patients affected by the DePuy hip recall.
One of the reasons for such a significant failure rate is that no clinical testing was performed on the DePuy Pinnacle hip replacement system prior to launch on the American market. A process known as 501(k) was used to introduce the faulty hip replacement system into the United States whereby DePuy were able to show that the Pinnacle hip replacement system was similar in design and function to an existing hip replacement product already being used in the United States – the subsequently recalled DePuy ASR Acetabular System!
The MDL for the DePuy Pinnacle injury compensation claims will be held at United States District Court, Northern District of Texas, Dallas Division under Judge Ed Linkeade at a date still to be determined.
UPDATE February 2010: The number of claimants who have joined the MDL for DePuy Pinnacle injury compensation claims has risen to over 900. Unfortunately, a similar “grandfathering” process was used to introduce the Pinnacle hip replacement system into the UK and current advice from the UK Medicines Regulator is for recipients of the faulty metal on metal hip replacement system to have annual blood tests to check for high levels of cobalt and chromium entering the blood stream.