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 $1 billion in punitive damages and an additional $32 million in compensatory damages.

This recent hip replacement lawsuit verdict was governed by California law, so it is not subject to the same punitive damages cap as was seen in the earlier trial which was governed by Texas law. The impressive verdict sends a clear message to J&J, which plaintiffs hope will finally encourage J&J to settle the remaining 8,500 claims.

Continue Reading Billion Dollar Verdict in DePuy Pinnacle Hip Replacement Lawsuit

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 a mistrial delivered by defendant, Johnson & Johnson, in the first few minutes of the proceedings. After lunch, Judge Kinkeade penalized both sides for wasting time over a witness objection. Later, Judge Kinkeade called a break with a warning to Johnson & Johnson’s lawyer that if he did not stand while objecting, he would be chastised in front of the jury.

Continue Reading Sparks Fly in DePuy Pinnacle 3rd Bellwether Trial

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 involve claims for toxic metal poisoning called metallosis, tissue inflammation, and bone damage, all alleged to be attributable to faulty prosthetic hip components. There are roughly eight thousand plaintiffs in the matter, seven of which are included in this pending bellwether trial. Remaining MDL plaintiffs are represented by approximately thirty law firms including Stark & Stark of Lawrenceville, New Jersey.

Additional information on the MDL case can be found at: In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation.

If you or someone you know has suffered injuries from the Pinnacle prosthetic, or similar hip or knee replacement systems, you should contact an experienced Mass Tort/Pharmaceutical Litigation attorney involved in the MDL to help assess any claims for you. Most attorneys, including Stark & Stark, offer consultation services free of charge.

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 losing the last bellwether trial earlier this year and getting hit with a jury award of $498 million dollars for five plaintiffs, who were injured from their metal-on-metal Pinnacle implants. The award was later reduced to $150 million dollars to meet the punitive damage caps in Texas.

Continue Reading Petition Denied for DePuy MDL Appeal

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.

Plaintiffs allege that the Pinnacle metal-on-metal hip replacement device, manufactured by DePuy, has a higher-than-normal failure rate. Additionally, some plaintiffs have complained that the device has caused metal poisoning, called metallosis, due to high levels of chromium and/or cobalt. Plaintiffs’ lawyers have argued that the Pinnacle hips suffered from design flaws that were ignored by DePuy. As reported by Bloomberg, the federal jury was told that DePuy’s attempts to convince doctors that the metal-on-metal version of its Pinnacle hip implant was safe amounted to “marketing run amok.” The decision reached by the jury in this trial could help determine the outcome of the entire centralized litigation.

If you have had a hip replacement, which used the DePuy Pinnacle device, you can contact Stark & Stark to speak to one of the Mass Tort Attorneys, free of charge, who can help assess any claims that you might have against DePuy.

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 agreed to settle the majority of the pending ASR lawsuits. The agreement, if accepted by the court, would be one of the largest product liability settlements involving a medical device ever entered. The deal would provide compensation to approximately 7,000 to 8,000 patients who had a replacement operation.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark and speak to one of the Mass Tort Attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufactures.

 

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, due to high levels of chromium and/or cobalt.

According to a Master Case List update, approximately 150 new cases were filed in September 2013. The Judge presiding over the litigation issued an Order on September 30 requiring that all Pinnacle suits, with the exception of those that have already been selected to serve as bellwether cases, be stayed until those trials have concluded.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark to speak to one of the Mass Tort Attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufactures.

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 levels of chromium and/or cobalt.

Although a recall was issued on the DePuy ASR hip implant in 2010, DePuy Orthopaedics refused to issue a recall on the DePuy Pinnacle when faced with similar allegations as the ASR. Almost three years after the ASR recall, the manufacturer has now announced that it will cease the manufacturing of the Pinnacle metal-on-metal hip replacements and the Pinnacle metal-on-ceramic hip replacements in August 2013. However, DePuy Orthopaedics claims that the decision to stop selling the device is not based on the ongoing litigation, but instead blames declining sales and a desire to streamline its product as the reasons.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark and speak to one of the Mass Tort Attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufactures.

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 Northern District of Ohio in May 2013, to apply the punitive damages rules of the plaintiffs’ home states.  DePuy’s counsel filed the motion in hopes of limiting a potentially high punitive damage award .

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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 two factors behind its decision to drop the all-metal Pinnacle: 1) sharply declining surgeon demand for all-metal devices and 2) a recent ruling by the Food and Drug Administration (FDA) affecting such products.  DePuy will completely phase out the metal on metal device by the end of 2014.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.