A federal judge in Texas handling Pinnacle lawsuits removed a DePuy Orthopaedics hip lawsuit from the case consolidation in his jurisdiction because the claimant’s problematic hip implant was actually the ASR, a recalled metal-on-metal hip implant over which DePuy recently agreed to a multibillion dollar settlement, according to court documents.
Judge Ed Kinkeade oversees the multidistrict litigation for Pinnacle lawsuits, and in a Dec. 5 order remanded the lawsuit of plaintiff David Kaufman because an amended complaint revealed he was implanted with an ASR XL Acetabular implant instead of the Pinnacle, according to court documents (In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation; MDL-22244, U.S. District Court for the Northern District of Texas). DePuy, a subsidiary of Johnson & Johnson, recalled the ASR in 2010. The Pinnacle is still on the market.
“There are two distinct but similar DePuy metal-on-metal hip implant products involved in mass litigation in federal and state courts,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “It is important to maintain accurate records so that if one were to decide to pursue a lawsuit related to serious alleged, adverse side effects, that person would be able to pursue compensation in the best way possible.”
Pinnacle lawsuits are not included in the recently announced multibillion dollar DePuy settlement, according a Nov. 27 Bloomberg report. However, like the ASR hip implant that is included in the settlement, the Pinnacle could cause serious alleged side effects such as device failure and metal poisoning, according to court documents.