Depuy Hip Recall | Depuy Hip Revision Lawyers | DePuy Hip Implant Lawsuits
January 12, 2017 - Pinnacle Hip Update
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.
Important Update December 3, 2016! Click on the video below for some updated information on DePuy Pinnacle Hip Replacement Lawsuits.
More Updated Information on DePuy Pinnacle Hip Lawsuits
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.
Depuy Pinnacle Hip lawsuit updates
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 ASR & Pinnacle Hip Replacement Lawsuits, Problems, Recalls and Claims.
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.
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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
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.
Click for important information about Bair Hugger Blanket Infections used after surgery!
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