Depuy Pinnacle hip replacement problems, lawsuits & Settlement Updates
About The DePuy Pinnacle & ASR Metal On Metal Hip ReplacementS
The Pinnacle hip replacement is a total hip replacement system designed and manufactured by DePuy, the makers of the recalled DePuy ASR metal-on-metal hip. The design of the Pinnacle hip allows different choices of liner to place inside the outer cup (socket). The surgeon can choose between a metal liner, ceramic liner or polyethylene (plastic) liner.
The DePuy Pinnacle hip replacement system, when used with a metal liner, becomes a metal-on-metal hip device similar to the DePuy ASR and other metal-on-metal designs. One of the recognized problems with the metal-on-metal hip design is that it places a metal femoral head (ball) against a metal acetabular cup (socket). The metal surface of the hip ball grinds on the metal surface of the cup throughout the day when the patient is walking, running, or doing just about anything. Over time, the friction between the two metal surfaces releases metal ions into the blood, bone, and surrounding tissues. This can result in metallosis – high levels of the metals cobalt and chromium in the blood.
The company maintains that there is no defect in the design of the Pinnacle hip replacement, though DePuy Pinnacle lawsuits allege that the company is concealing defects and has misrepresented that the hip replacement is a safe and effective medical device.
Depuy hip replacement problems
The attorneys at TheLawFirm.com believe that medical-device manufacturers like DePuy and Johnson & Johnson do not care one bit for the health of the patients who receive their devices. They are interested in only one thing: profit. And they’ll stop at nothing to rake it in, even at the cost of people’s lives.
The following are among the potential DePuy Pinnacle problems when the device is used with a metal liner:
• Pain in the hip and groin
• Pinnacle hip implant failure
• Difficulty walking or standing
• Loosening of the DePuy Pinnacle hip replacement
• Metallosis (metal poisoning)
• Need for hip replacement (revision) surgery
Every single one of these health complications is caused by the “metal-on-metal” design of the Pinnacle device. “Metal-on-metal” means that both the rounded top of the hip joint as well as the cuplike portion of the pelvis are constructed of metal alloys. These alloys, which contain the potentially toxic metals chromium and cobalt, can shred and deteriorate when they rub against each other.
And they rub against each other every single time the hip joint moves. The Pinnacle Hip Replacement is a ticking time bomb. Sooner or later, its metal components will fail, sending tiny fragments of toxic metals loose in the bloodstream.
If you’ve suffered from any of the above conditions, or others, as a result of the DePuy Pinnacle Hip Replacement device, you may be entitled to significant financial compensation.
Click on the video below for information regarding metal hip replacements..
Billions of dollars in product liability settlements
DePuy and Johnson & Johnson have a lousy track record when defending the Pinnacle Hip Replacement – which should come as no surprise. Even the best corporate lawyers aren’t going to be able to convince a jury that DePuy and Johnson & Johnson aren’t liable for the damages caused by a device this badly designed and this dangerous.
Though DePuy did win its first trial, the company has gone 0-2 since then. In March 2016, the U.S. District Court for the Northern District of Texas awarded $497 million in damages to a group of five patients whose metal-on-metal Pinnacle Hip Replacements had failed catastrophically. Another court later reduced the award, but Johnson & Johnson is still on the hook for tens of millions of dollars.
Also in 2016, another Texas jury ruled that DePuy and Johnson & Johnson were liable for $1.04 billion in a case concerning the Pinnacle Hip Replacement. The court found the two corporations guilty of negligent design, of failing to warn surgeons and patients about the risks inherent in the device, and of concealing those risks. Though this enormous settlement, too, was later trimmed by a judge, its size suggests that juries understand the severity of the dangers of the Pinnacle Hip Replacement.
Lawsuit after lawsuit
In trial after trial, the DePuy Pinnacle Hip Replacement has been shown to be one of the most defective and dangerous medical devices on the market. It has failed so many times and caused so much damage that it’s incredible to believe that it ever received FDA approval.
Plaintiffs like you have won numerous cases against DePuy and its parent company Johnson & Johnson. Plaintiffs like you stand to win a great deal more from these deep-pocketed, deeply unethical medical corporations.
TheLawFirm.com wants to help you find justice and fair compensation.
If you’ve had surgery to implant a DePuy Pinnacle Hip Replacement, you may be a looking at a substantial financial award. Contact TheLawFirm.com to learn how we can help you get it.
Depuy Lawsuit and Trial Updates
Update: November 16, 2017 - Jury Awards $247 Million In Fourth Bellweather Depuy Hip Lawsuit
A Texas federal jury has awarded a $247 million verdict in the fourth bellwether trial against Johnson & Johnson and its DePuy Orthopaedics Inc. This is the third major verdict against the maker of the metal on metal hips.
November 14, 2017 - Judge Denies Jurors Access To Witness Tampering Testimony In Depuy Hip Trial
A Texas federal judge has refused to allow jurors in the fourth bellwether hip implant liability trial to hear testimony related to alleged witness tampering. These allegations arose from communications between a lawyer for Johnson and Johnson and a company sales representative.
November 2, 2017 - Plaintiffs Claim Witness Tampering In Depuy Hip Trial
A month into the fourth Bellweather Depuy Hip trial plaintiffs raised allegations of witness tampering.
October 30, 2017 - Fourth Johnson & Johnson Bellweather Trial Begins
The fourth bellwether trial for Johnson & Johnson subsidiary Depuy Orthopaedics is underway in Texas. More than 9100 cases remain in the MDL. Questions have arisen about the value of this trial, given the procedural history of the matter.
October 4, 2017 - Johnson & Johnson Petitions for Stay in Defective Hip Device Suit
Johnson & Johnson and its subsidiary DePuy Orthopaedics have lost their bid to have the First Circuit Court stay a decision over their allegedly defective hip replacement devices under the terms of the False Claims Act.
October 4, 2017 - Johnson & Johnson Petitions for Stay in Defective Hip Device Suit
Johnson & Johnson and its subsidiary DePuy Orthopaedics have petitioned the First Circuit Court to stay its decision in a case involving the companies’ allegedly defective hip replacement devices.
October 3, 2017 -Johnson & Johnson Unit DePuy Must Face New Hip Replacement Trial
An Illinois plaintiff who filed suit against Johnson & Johnson subsidiary DePuy Orthopaedics over the company’s alleged negligence in selling defective hip replacement devices has been granted a new trial against DePuy when a judge ruled that expert testimony had been unfairly barred from a previous trial.
October 3, 2017 -Johnson & Johnson Fails to Escape False Claim Accusations in Hip Device Suit
Johnson & Johnson and its subsidiary DePuy Orthopaedics have lost another bid to escape the accusations that they indirectly submitted false claims to the government concerning their hip replacement devices.
Depuy Update September 21, 2017
Plaintiff Granted New Trial in Hip Replacement Suit against DePuy
The Cook County Circuit Court in Illinois has granted a plaintiff a new trial in her case against DePuy Orthopaedics about the company’s allegedly negligent behavior concerning one of its hip replacement devices. The new trial was granted on the grounds that the testimony of a joint replacement researcher had been unfairly barred from the plaintiff’s previous trial.
Four years ago, Carol Strum lost her case against DePuy – a subsidiary of Johnson & Johnson – which she had filed as part of a consolidated DePuy hip replacement litigation. Strum’s hip replacement device, along with many other models, has been linked with severe health problems that are allegedly caused by the devices’ moving metal parts grinding against each other and releasing tiny metal fragments into the bloodstream.
Upon losing the first trial, Strum immediately filed for a new trial on the grounds that the testimony of Dr. David J. Langton, a specialist in the health risks of so-called metal-on-metal implants, was prevented from being used in the initial trial.
The recent ruling held that the court erred four years ago in barring Dr. Langton’s expert opinion, in large part because some of DePuy’s witnesses took issue with his testimony.
In 2008, Strum received an operation to implant a DePuy Articular Surface Replacement XL hip replacement device. Two years later, the product was recalled, and Strum filed suit, claiming that DePuy was negligent in designing and selling a product that was prone to failure and that caused excessive wear of the hip replacement. Strum also alleged that DePuy was negligent in failing to adequately warn consumers of the dangers of the device.
Metal-on-metal hip replacement devices have been linked with a condition called metallosis, a kind of metal toxicity that can cause pain, inflammation, organ trauma, and that often necessitates additional, corrective surgeries.
The case is now due to proceed in Illinois court.
Depuy Update September 21, 2017
New Bellwether Trial over Johnson & Johnson Hip Replacements Begins
The fourth bellwether trial in a 9100-plaintiff Multi-District Litigation (MDL) case over Johnson & Johnson’s allegedly neglectful conduct in designing, marketing, and selling allegedly defective metal-on-metal hip replacement devices has gotten underway in a Dallas courtroom.
Six plaintiffs will face one of the world’s largest manufacturers of medical devices in a trial that could have sweeping implications for the company. At issue in the trial is whether the Pinnacle Ultamet hip replacement – which is manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson – was defectively designed, poorly manufactured, and/or misleadingly marketed. DePuy and J&J also stand accused of neglect in failing to adequately warn consumers of the dangers of the Pinnacle Ultamet.
The metal-on-metal design of the device is allegedly to blame for the health problems suffered by the plaintiffs. The metal-on-metal design has been linked –in the Ultamet as well as in a wide range of other hip replacement products – to a dangerous condition called metallosis, a type of metal poisoning that can cause severe infection and organ failure.
In the previous bellwether trials in the Ultamet MDL, the companies successfully defended themselves in one trial but were ordered to pay out massive verdicts in the other two. One $502 million verdict was later trimmed to $150 million; another $1 billion verdict was trimmed to $543 million. DePuy is appealing those decisions.
Opening arguments from the plaintiffs focused on the companies’ alleged pattern of neglect and irresponsible manufacture of a delicate device, while the defendants’ opening arguments focused on the notion that all medical devices eventually wear down.
With so much money potentially on the line, and thousands of plaintiffs waiting on the outcome, the Texas bellwether trial will be watched very closely.
September 12, 2017 -Johnson & Johnson Urges Court To Reconsider Revival of Hip Replacement Lawsuit
Johnson & Johnson and its subsidiary DePuy Orthopaedics, which manufactures many of the most prominent and allegedly defect-riddled hip replacement devices, have urged a panel of the First Circuit Court to reconsider its partial revival of a lawsuit that alleges that the companies submitted to the government false claims for faulty hip replacement products.
September 5, 2017 - Judge request Johnson & Johnson Hip Trial Cancellation
A panel of the Fifth Circuit Court has opined that a federal judge committed an error in a trial concerning allegedly defective Johnson & Johnson hip implant devices, and thus requested that an upcoming trial be cancelled.
August 7, 2017 - Johnson & Johnson Says They Are Not Liable in Depuy Hip Lawsuit
Johnson & Johnson told a federal judge in Texas that it is not liable for any of the products manufactured by its subsidiary DePuy Orthopaedics.
January 12, 2017 - Depuy Appeals Court Findings
The Plaintiffs in the most recent victory against DePuy Orthopaedics, Inc. have asked the Fifth US Circuit Court of Appeals to consolidate their appeals. Depuy is appealing the finding that the company knowingly sold a defective hip replacement. The Plaintiffs successfully argued to the jury that Pinnacle hip implants had several design flaws, that Dupuy failed to provide adequate warnings for the device, failed to properly test it before putting it on the market and other wise prioritized sales over product safety.
The Plaintiffs are citing the Federal Rules of Appeal that allow appeals to be joined. These Plaintiffs point out the cases have the same MDL, defendants, lawyers, plaintiff injuries, evidence and witnesses.
January 4, 2017 update
On December, 2016 the jury ruled against Johnson & Johnson and its DePuy Orthopaedics unit and awarded a verdict of $1.04 billion. The jury found that J&J and DePuy had negligently designed the hip implant, failed to warn surgeons about dangerous conditions related to the implant, and concealed its risks. However, US District Judge Ed Kinkeade in Texas has ruled that punitive damages cannot be more than 10 times a plaintiff’s actual damages and has reduced the verdict in half.
The jury had awarded $168 million in punitive damages to each of six plaintiffs. In halving the $1 billion total verdict, the judge cited the US Supreme Court ruling in State Farm Mut. Auto. Ins. Co. v. Campbell, saying that “[F]ew awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process.”
The judge did not disturb $4 million and $6 million in compensatory damage awards.
Both sides have said they would appeal.
Johnson & Johnson Ordered to pay more than $1 billion to 6 plaintiffs in Depuy Pinnacle Hip Lawsuit
On December 1, 2016, a Federal jury in Dallas Texas ordered Johnson & Johnson and its DePuy Orthopaedics unit to pay more than $1 billion to six plaintiffs who were injured by Pinnacle hip implants. The total verdict of $1.041 billion included $32 million in compensatory damages. The rest were punitive damages. Punitive damages mean that the jury did not just feel that the company was negligent but that their conduct went way beyond just negligence - and was the direct cause of the plaintiffs’ injuries.
The plaintiffs in the case suffered tissue death, bone erosion and other injuries due to metallosis caused by the Pinnacle hip. Despite the fact that Johnson and Johnson promoted the Pinnacle hip as lasting longer than devices that included ceramic or plastic materials, the jury found that the metal-on-metal Pinnacle hip implants were defectively designed and that Johnson & Johnson failed to warn people about the risks.
Instead of respecting the ruling of the representatives of our community, instead, Johnson & Johnson said it would immediately appeal the verdict. The defense lawyers now claim that the trial was not fair because of the judge. This is unfortunate because the Judge in this case is an incredible well respected federal court judge that was chosen by his colleagues to Johnson and Johnson will also ask the appeals court to postpone any additional trials over the implant defects.
TheLawFirm.com has seen verdicts of this size being scaled back by courts. In July, the judge presiding over this case, U.S. District Judge Edward Kinkeade, reduced a $500 million verdict in an earlier Pinnacle implant case to $151 million, citing a Texas state law that limits punitive damages awards. This is common and to be expected.
This was the third Pinnacle trial. The first one resulted in a win for the Defense and the last two trials resulted in enormous wins for the Plaintiffs.
It’s important that our clients understand that this trial result, while it is the best we could have hoped for, will not lead to some miraculous change of heart by Johnson & Johnson. Johnson & Johnson are among the most difficult of companies when it comes to resolving claims of defective products. That said, this verdict is expected to add to the mounting pressure on Johnson & Johnson to face the reality of their conduct and, more importantly, listen to how members of our community feel about their conduct.
A verdict like this does not just reflect a view that Johnson & Johnson could have done more. It reflects that the jury heard, for weeks of trial testimony and evidence, of what Johnson & Johnson did with their Pinnacle hip and the jury was angry that the corporation put profits ahead of people.
That’s the fight we fight every day. TheLawFirm.com is proud to stand up for families and say stop. Stop putting profits ahead of people – ahead of our families. We thank this jury, and we thank all of our Pinnacle hip clients, for their courage in standing up to the giant corporation. We stand with you.
Update for December 5, 2016
Now that a Texas federal jury has hit Johnson & Johnson with a $1.04 billion verdict in the latest Pinnacle hip implant bellwether trial, the attorneys at TheLawFirm.com are being asked if meaningful settlement talks are likely. It is our opinion that settlement is unlikely until the Fifth Circuit rules on J&J’s list of complaints about trial rulings.
A global settlement in the MDL is unlikely because J&J doesn’t think the bellwether trials allow it to assess what each plaintiff’s case is worth. J&J has said the verdicts in the two latest trials provide "no guidance on the merits of the overall Pinnacle litigation". J&J argues the trials have been deeply flawed due to unfair procedural and evidentiary rulings from the MDL judge.
In both the second and third bellwether trials, rulings on the evidence lead to multiple mistrial motions from J&J. J&J claims Judge Kinkeade allowed a “free-for-all” in the second trial, allowing in prejudicial and inflammatory evidence.
While the appeals process is ongoing, more trials are set. Judge Kinkeade has set the fourth bellwether for September 2017 and has named 10 plaintiffs whose cases should be prepared for the trial.
J&J is objecting to further trials until the Fifth Circuit rules on the current appeals. However, the Fifth Circuit rejected J&J’s request to stay any further trials after the second bellwether so TheLawFirm.com believes that trials are likely to proceed.
TheLawFirm.com continues to allege that DePuy and J&J pushed to market a poorly designed product that injured our clients when friction between the device’s metal socket and metal ball head caused microscopic particles of metal to shed into their bodies.
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Depuy Pinnacle Lawsuit Update
In March 2016, after a two-month trial, there was a verdict in a Texas-based lawsuit against DePuy. The case is In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, Case No. 3:11-md-02244, in the U.S. District Court for the Northern District of Texas. The federal jury awarded, “$142 million in actual damages and $360 million in punitive damages to a group of five patients whose metal hips broke down and had to be removed. The artificial hips at issue were DePuy Pinnacle Acetabular Cup Systems, a metal-on-metal hip implant.
The jury found that the hip devices were defective and that the company failed to warn doctors and patients about the risks. The plaintiffs claimed that “design flaws caused the devices to fail more frequently and quickly than expected, leading to injuries including tissue death, bone erosion and high levels of metal in their blood.
In July 2016, the Court reduced this verdict to comply with Texas law. However, the final judgment was still in the tens of millions of dollars. Even with a major reduction in the award, it appears that Johnson and Johnson has no plans to pay it. They will certainly appeal this verdict, which will likely take years.
However, many still hope that this verdict will help settle the outstanding cases. It is our hope that the DePuy Pinnacle cases settle in a similar fashion to the DePuy ASR settlement, which resulted in a base award of $250,000 to each claimant who had a revision (replacement) of their DePuy hip implant.
The DePuy Pinnacle claim lawyers at TheLawFirm.com have decades of experience helping hundreds of victims of defective medical products. Let us put our experience to work for you and your family.
If you, or a loved one, were implanted with a metal-on-metal DePuy Pinnacle hip and are experiencing hip implant problems, you may be entitled to financial compensation. Contact us for a free no-obligation consultation to determine your eligibility for a DePuy Pinnacle lawsuit. The DePuy Pinnacle claim lawyers at TheLawFirm.com have decades of experience helping hundreds of victims of defective medical products. Let us put our experience to work for you and your family.
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