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

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.

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,

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

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