The judge overseeing proceedings for the DePuy Pinnacle litigation has ordered that all parties in the multidistrict litigation (MDL) comply with the confidentiality measures set forth by the United Kingdom for its National Joint Registry data.

As per the January 23rd Order issued by Judge James Kinkeade of the U.S. District Court for the Northern District of Texas, (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation – MDL No. 2244) the National Joint Registry (NJR) was willing to allow parties to access to its information related to the DePuy Pinnacle metal-on-metal hip replacement, as long as it abides by the protective measures in place according to UK law.

3,000 Claims Pending in DePuy Pinnacle Litigation

The NJR also indicated its consent in allowing DePuy Orthopaedics to produce data subject to protective measures, and agreeing to destroy all copies of related documents at the conclusion of the litigation, or return them to the supplying party.

This order is likely to affect the 3,000 DePuy Pinnacle hip lawsuits currently pending in Texas federal court. Claims that have been filed against the manufacturer involve the version of the DePuy Pinnacle hip replacement system that includes the metal Ultamet liner. Court documents have indicated that the first trials for the DePuy Pinnacle MDL will begin in September 2014, meaning that discovery in these thousands of lawsuits will continue through December 2013.

Plaintiffs say the metal-on-metal hip is prone to early hip failure caused by wear and tear, and can shed metal debris into a patient’s bloodstream. This condition is known as metallosis (metal ion poisoning), which may lead to adverse tissue reactions and a host of other side effects.

Given the thousands of DePuy Pinnacle hip lawsuits filed over this version of the hip replacement device, along with others similarly designed by competing manufacturers, the U.S. Food and Drug Administration (FDA) has begun its investigation of metal-on-metal hips.

On January 17, 2013, the agency proposed a new order that would require manufacturers of this class of devices to obtain premarket approval from the FDA before they can sell their products.

If this new regulation is instituted, metal-on-metal hips will no longer be eligible for approval via the FDA’s 510(k) process, which allows a manufacturer to bypass human testing.

Considering a DePuy Pinnacle Hip Lawsuit? Contact Us Today.

If you suffered side effects stemming from the DePuy Pinnacle hip replacement, you may be eligible to file a DePuy Pinnacle hip lawsuit against the manufacturer. Contact an attorney at Bernstein Liebhard LLP by calling (877) 779-1414.

Published February 13, 2013 by