DePuy Pinnacle Trial Update Weeks 2 and 3

DePuy Pinnacle Trial Updates

Week 2

DePuy Pinnacle Trial Update

Day 4

DePuy’s former head of marketing is cross examined. The cross examination lasts the entire day.

Day 5

Plaintiffs call an English orthopedic surgeon to the stand. The surgeon had previously been compensated by DePuy to teach surgeons, conduct research, and give lectures. He was the surgeon who began sounding the alarm on both ASR and Pinnacle. DePuy attempted to have his testimony excluded, but the motion was denied.

Day 6

The surgeon’s time on the stand consumes most of the day. DePuy’s former VP for Clinical Research and Development will be taking the stand on Monday. She was supposed to testify via satellite, but decided last minute to come to Dallas to give her testimony in person. Court adjourns until then.

DePuy Pinnacle Trial Updates

Week 3

Day 7

DePuy’s former Vice President for Clinical Research takes the stand this morning and is called by the plaintiffs adversely. We learn she has a PhD in Chemistry and she spends the entire day on the stand. Her direct examination consumed the entire day.

Day 8

Cross examination of DePuy’s former Vice President for Clinical Research is delayed so plaintiffs are able to call an expert witness to testify from Los Angeles, California via satellite transmission under subpoena. The expert witness is an orthopedic design surgeon who had entered into a consulting agreement with Depuy on January 1, 1996. He refused to appear at the trial in person. Plaintiffs concluded direct examination and defendants began cross examination which will continue tomorrow.

Day 9

Plaintiffs resume the direct examination of the expert witness via satellite transmission. His examination proceeds to mid-morning, but is put on hold to finish the cross examination of DePuy’s former Vice President for Clinical Research. The cross examination of the orthopedic design surgeon will continue next week.

DePuy Pinnacle Trial Updates Week 1

Read more about what happened during the first week on the DePuy Pinnacle Trial in Dallas, Texas.

DePuy Pinnacle Trial Updates: Week 1

DePuy Pinnacle Trial

Day 1

October 3, 2016

Plaintiffs discuss the history of problems with metal-on-metal hip implant devices dating back to the 1970s. They argue that DePuy knew about the dangers associated with metal-on-metal hips yet they continued to develop and sell metal hip devices so the company didn’t lose market share. It is pointed out that Pinnacle hip devices were never tested in humans before they became available on the market. Following the release of the product, plaintiffs accuse DePuy of falsely marketing Pinnacle to surgeons, stating that the device had a 99.9% success rate – a number based off fraudulent studies. When DePuy was confronted by doctors with concerns about the design and safety of the Pinnacle device, the company down played the reports.

DePuy argues that metal-on-metal hip devices were developed in response to issues with metal-on-plastic hips. The company explains that although the Pinnacle was not tested in humans before its release, it was tested in simulators. They argue that the testing in a simulator generates more accurate results. The results in this case led them to believe that the Pinnacle was a good product. DePuy took the overall stance that doctors and surgeons using the Pinnacle device in their patients were the guilty parties in this case arguing that doctors have an obligation to know the risks associated with medical devices they use on their patients.

DePuy Pinnacle Trial

Day 2

October 4, 2016

Plaintiffs call on a bio-mechanical engineer with over thirty years of experience designing and inventing prosthetic devices and other surgical tools. The witness explains the importance of testing products in humans before becoming available on the market. If a problem is brought to the manufacturer’s attention, it is their duty to immediately disclose that information to doctors. Evidence is presented showing DePuy had a viable plastic option available on the market, yet metal-on-metal was still used in the Pinnacle device. DePuy raised concerns about the safety of plastic hips, but the expert witness argued metallic ions were much more toxic to the body than plastic ions.

DePuy Pinnacle Trial

Day 3

October 5, 2016

Plaintiffs call DePuy’s former head of marketing to testify about his time and work with the company during key periods pertinent to the litigation.

Stryker V40 Femoral Heads

Stryker V40 Femoral Heads

The Stryker V40 Femoral Head is an interchangeable part used in various types of hip replacements. The head is made of cobalt and screws on to a chromium femoral neck forming the taper lock portion of the artificial hip. In the past, hip device manufacturers have faced lawsuits over metal-on-metal hip device failure and the V40 may follow suit in that trend.

Concern surrounding the safety of Stryker V40 Femoral Heads continues to grow on a world wide scale:

August 24, 2016 – Health Canada Recall

“Stryker has received higher than expected complaints of taper lock failure for specific lots of certain sizes of LFIT Anatomic COCR V40TM Femoral Heads manufactured prior to 2011.”

August 29, 2016 – Urgent Recall Notification

Stryker Orthopaedics reportedly sends an urgent recall notification to orthopaedic surgeons across the nation of the dangers associated with particular sizes of Stryker V40 Femoral Heads manufactured before 2011.

September 27, 2016 – Safety Alert Issued in Australia

“Stryker Orthopaedic has written to orthopaedic surgeons who have implanted affected LFIT Anatomic CoCr V40 femoral heads to provide further information about this issue.”

HOW DOES THE STRYKER V40 FEMORAL HEAD WORK?

The V40 femoral head is one component of an artificial hip system. When doctors perform hip replacement surgeries it is often difficult to tell what size components will be needed until surgery is underway, therefore it can be helpful to have an interchangeable component available in various sizes, such as the metal Stryker V40 femoral head, during an operation. Once the appropriate size is determined, the  V40 is screwed onto a femoral neck, acting as the end of the femur bone free to move and rotate within the hip socket.

WHAT’S THE PROBLEM?

In the past, metal-on-metal hip implant failure has occurred when the metal surfaces of the femoral head and acetabular cup rub against one another. Or, in the case of the Stryker Rejuvenate and ABG II recall, the failure occurred in the stem-neck interface. With the Stryker V40 femoral head the problem occurs between the metal head and metal neck. According to the Australian safety alert, “The increased incidence of taper lock failures relates to possible taper lock interface inconsistency.” When the metals react with one another, the device components begin to corrode, leading to taper lock failure. When corrosion occurs, metallic ions are released into the patient’s blood stream, chances for infection of soft tissue greatly increases, and the device can eventually dissociate (dislocate) altogether. This failure can require removal of the head and stem device parts. This is, unfortunately, a very invasive procedure.

WHAT ARE THE INJURIES?

  • Metallosis (metal poisoning)
  • Loss of mobility
  • Inflammation
  • Severe pain
  • Infection
  • Dissociation and dislocation
  • Need for revision surgery

WHY GOLDENBERGLAW?

If you have suffered any of the above injuries as a result of your Stryker V40 Femoral Head hip replacement component you have the right to seek compensation. Your consultation is free and you pay nothing unless our firm recovers for you and your family.

Manufacturers of medical devices have a legal duty to make products that are reasonably safe. For over 30 years, GoldenbergLaw has successfully represented thousands of injured people around the country in defective drug and device cases against some of the world’s largest corporations. We have the national experience, the resources and the desire to hold these companies accountable for their actions. We will fight for you to obtain fair compensation for your, pain, disability, medical bills, wage loss and the terrible effect this has had on the quality of your life