Huge Victory in Hip Replacement Lawsuit Despite multiple attempts by Johnson & Johnson (J&J) to delay and dismiss the third DePuy Pinnacle hip implant bellwether trial, the case moved forward with outstanding results. After 12 weeks of trial, which included 32 witnesses called and 1,346 total admitted exhibits, Jurors awarded the six plaintiffs more than… Continue Reading
The third DePuy Pinnacle bellwether trial got off to a roaring start this week as Hon. Ed Kinkeade, District Judge for the United States District Court, Northern District of Texas, took control of his courtroom to set the tone for the trial. According to reports, he flatly denied both a continuance and a motion for… Continue Reading
The third bellwether trial in the DePuy Orthopedics Pinnacle Hip Implant Multidistrict Litigation (MDL) is set to commence in the United States District Court, Northern District of Texas. The last multiple plaintiff bellwether case resulted in $150 million dollar verdict, which was later reduced due to punitive damage caps in Texas. The DePuy Pinnacle lawsuits… Continue Reading
The 5th District court in Texas recently denied a petition by defendants, Johnson & Johnson and DePuy Orthopedics, Inc., to grant an expedited appeal and to halt the next round of bellwether trials in the Pinnacle multidistrict litigation (MDL), which are currently scheduled to begin in early September 2016. The defendants filed the petition after… Continue Reading
The trial of plaintiff Kathleen Herlihy-Paoli started last week in federal court in Dallas, Texas. The Paoli trial is the first of more than 6,000 cases filed across the country that have been consolidated in a Multidistrict Litigation (“MDL”) before the Honorable Edward Kinkeade, United States District Court Judge in the Northern District of Texas…. Continue Reading
As we have previously reported, DePuy Orthopaedics, Inc. has recalled its ASR hip replacement device. There are thousands of cases pending across the country related to the ASR device. These cases continue to proceed in state and federal courts. The New York Times reports that DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson, has… Continue Reading
As we have previously reported, there are over 10,000 lawsuits pending nationwide against Johnson & Johnson for its metal-on-metal hip replacements, the DePuy Pinnacle and the DePuy ASR. Plaintiffs allege that the metal-on-metal hip replacement devices have a higher-than-normal failure rate. Additionally, some plaintiffs have complained that the device has caused metal poisoning, called metallosis,… Continue Reading
Currently, there are more than 10,000 lawsuits pending nationwide against Johnson & Johnson for its metal-on-metal hip replacements, the DePuy Pinnacle and the DePuy ASR. Plaintiffs allege that the metal-on-metal hip replacement devices have a higher-than-normal failure rate. Additionally, some plaintiffs have complained that the device has caused metal poisoning, called metallosis, due to high… Continue Reading
As we previously reported, DePuy recalled its ASR hip replacement device after studies allegedly revealed the device had a higher-than-normal failure rate. Currently, there are thousands of cases pending across the country related to the ASR device. Counsel for DePuy Orthopaedics filed a motion in the federal litigation in the U.S. District Court for the… Continue Reading
The New York Times reports that the orthopedic unit of Johnson & Johnson, DePuy, will be phasing out its metal on metal hip devices. DePuy, makers of the ASR and Pinnacle hip devices, currently faces approximately 14,000 lawsuits nationwide. These cases are currently pending in state and federal courts. In a statement, Depuy pointed to… Continue Reading
A recent study published in the British Medical Journal Open suggests that elevated blood metal ion concentrations may be associated with early failure of metal on metal devices. The study reveals that the presence of elevated cobalt blood levels is correlated with an increased risk of failure in the DePuy ASR device. The study reveals… Continue Reading
As we previously reported, DePuy has recalled its ASR hip replacement device. There are thousands of cases pending across the country related to the ASR device. This blog provides some of the warning signs that your ASR device has failed. This list is not comprehensive and should not be substituted for the judgment of your… Continue Reading
DePuy ASR hip lawsuits in the federal consolidated action, In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), continue to proceed with several depositions of DePuy executives scheduled to take place in the next three months. On August 22, 2012, eight depositions were noticed in the federal DePuy ASR hip… Continue Reading
The DePuy ASR hip recall continues to affect thousands of individuals as we reach the two-year anniversary of the recall. As we previously reported, on August 26, 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, issued a worldwide recall of its metal-on-metal ASR hip implant devices. According to Johnson & Johnson, the DePuy ASR… Continue Reading
As we have previously reported, in August 2010, DePuy Orthopaedics recalled all of its ASR products after reports surfaced alleging a higher than normal failure rate for their metal-on-metal hip implant devices. The recall encompassed about 37,000 devices in the United States, resulting in approximately 8,000 lawsuits being filed since 2010. A recent Bloomberg article has… Continue Reading
A successor to the DePuy ASR model, the DePuy Pinnacle metal-on-metal hip system has nearly 1,600 lawsuits pending in U.S. courts. Doctors tracking large groups of patients with both products estimate that more than 10 percent of the DePuy Pinnacle all-metal hips will have failed in the next two to three years. Many patients with… Continue Reading
On July 25, 2012, Judge David A. Katz, who is overseeing the federal DePuy ASR cases in the Northern District of Ohio, established the protocol to select the initial bellwether cases for trial. Courts often use the bellwether approach when a large number of plaintiffs are pursuing the same general theory of liability. Otherwise, it… Continue Reading
As previously reported, in May 2011, all federal cases involving DePuy Pinnacle were transferred to the Northern District of Texas and received Multi-District Litigation (“MDL”) status. The Honorable Judge Ed Kinkeade was appointed to manage all federal DePuy Pinnacle cases after the Judicial Panel on MDL consolidated the cases for discovery and pre-trial motions. Following… Continue Reading
On April 25, 2012, Judge Martinotti hosted a joint MDL/State Case Management Conference in Bergen County, New Jersey, along with the Honorable David A. Katz, U.S.D.J., who is presiding over the federal cases in the MDL in Ohio. As previously discussed, the centralization of the state and federal cases will streamline the lawsuits, allowing the… Continue Reading
A recent Bloomberg article, reported that House Democrat Edward Markey (MA) has sponsored a bill that would prevent manufacturers from asserting that their new medical devices are “substantially equivalent” to existing, approved devices, under certain circumstances. While the bill was apparently developed as a result of a 1999 recall of vaginal mesh manufactured by Boston… Continue Reading
According to a recent New York Times article, Johnson & Johnson continued to market an artificial hip replacement in Europe, despite the Food and Drug Administration (FDA) rejecting its sale in the United States, based on safety concerns. The company also continued to sell a similarly designed device in the United States, the articular surface… Continue Reading
As we previously reported, in March 2011, a petition was filed to consolidate all federal DePuy Pinnacle cases in either the Southern District of Texas or the Central District of California. Alternatively, the petition also asked that the United States Judicial Panel on Multi-District Litigation consider adding the Pinnacle cases to the already pending DePuy ASR MDL, which is centralized in the Northern District Court of Ohio. On May 16, 2011, a hearing was held by the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) to consider the consolidation.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has yet to issue a recall for its Pinnacle system. However, similar to the recalled ASR models, there are concerns that the Pinnacle Acetabular Cup System, also a metal-on-metal implant device, might have significant design defects leading to a higher than normal failure rate. DePuy has reportedly sold over 150,000 Pinnacle hip implant systems, largely outselling the ASR models. As of last month, the FDA had received more than 1,300 “adverse events reports” with regard to the Pinnacle system.
In August of 2010, DePuy, a Johnson & Johnson company, announced a global hip replacement recall of two devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. Data from a recent study concerning XL Acetabular metal-on-metal hip replacement system showed that the 5 year failure rate of the product is approximately 13%, or 1 in 8 patients. It has identified component loosening, component malalignment, fracture of the bone, dislocation, infection, metal sensitivity and pain as the reasons for the failure of the hip replacement system.