DePuy Hit With $1 Billion Jury Verdict

Last week, a Texas federal jury found Johnson & Johnson’s DePuy Orthopaedics Inc., unit liable for more than $1.04 billion in a six-plaintiff bellwether trial targeting metal-shedding artificial hips that are part of its Pinnacle line.

This MDL bellwether trial involved the DePuy Pinnacle implant, not to be confused with the recalled DePuy ASR implant. The Pinnacle implant was designed with a metal, rather than a safer ceramic or polyethylene, socket. The metal-on-metal design causes the socket to rub against the ball head, which can lead to corrosion and can cause bone and surrounding tissue to erode over time. All of the Plaintiffs in the trial had to undergo revision surgeries to replace the implants and repair the damage. Jurors heard testimony that Johnson & Johnson and DePuy aggressively marketed the implants and employed tactics that included paying kickbacks to surgeons for using the device although they were aware of safer alternatives.

The verdict includes more than $30 million in actual damages for the six plaintiffs and more than $1 billion in punitive damages assessed against Johnson & Johnson and DePuy.

This is the not the first loss for J&J and DePuy over the Pinnacle. In March 2016, a Dallas jury awarded more than $500 million to five individuals who suffered similar physical and medical complications caused by the controversial Pinnacle hip implant. DePuy did win the first bellwether trial.

The case is IN RE: DePuy Orthopaedics Inc., Pinnacle Hip Implant Products Liability Litigation, MDL 3:11-md-0244

Another bellwether trial, which will involve 10 patients, has been scheduled by U.S. District Judge Ed Kinkeade in Dallas for September, 2017.

Motion Filed to Consolidate Talcum Powder Lawsuits into an MDL

            On July 15th, a motion to consolidate filed lawsuits against Johnson & Johnson regarding their talcum powder products was filed. Cases are now pending in approximately ten federal district courts. They all allege that J&J actively concealed and failed to warn consumers of a potential link between their talcum powder-based products and ovarian cancer.  The motion requests the U.S. Judicial Panel on Multidistrict Litigation to create a new MDL for these claims in front of Judge David Herndon in the Southern District of Illinois.

            The motion was filed after two largely publicized St. Louis jury verdicts against J& in the amounts of $72 million and $55 million. The verdicts included $62 million and $50 million awards form punitive damages respectively. Plaintiffs’ alleged that J&J’s Baby Powder and Shower to Shower, both talc-based products, exposed women to an increased risk of developing ovarian cancer. Further, they allege that J&J was aware of the risk and, despite such knowledge, failed to provide any warnings.

            Eleven new cases have been filed this year and that number will inevitably increase. Currently the cases are pending in ten different federal courts; merging would help to avoid inconsistencies amongst the various jurisdictions, as well as help bring about a more timely resolution to the issue. As most are still in the early stages of litigation, joining them now is practical.

            The motion requests that Judge Herndon be appointed to oversee the MDL, arguing that he would be ideal to handle this litigation as he has a great deal of experience having previously resided over similar claims against harmful pharmaceuticals such as Pradaxa and Bayer’s Yasmin. Regardless of being held liable in three previous jury trials, J&J continues to maintain that there is no plausible link to an increased risk of ovarian cancer and their products. Responses to the motion are due August 5^th.

What is Talcum Powder?

Talcum powder is created from the mineral talc, and is used to keep skin dry and prevent friction and rashes. It is commonly found in hygienic products like Johnson & Johnson’s Baby Powder. Talc itself is composed of several different organic materials – even originally containing Asbestos, a known carcinogen. Although the FDA has now banned Asbestos in any talc-based product, Talc’s molecular makeup is still itself very similar. Due to its crystalline structural nature, when ingested talc may cause chronic inflammation, which in turn may cause cancer or other severe illnesses.

A study published in the Journal of the National Cancer Institute indicated the increased risk by women that used talc-based products regularly for genital hygiene. Additionally, an article in the Cancer Prevention Research journal noted a 20% to 30% risk increase of certain types of ovarian cancers associated with genital powder use.  Because of findings from studies like these, the International Agency for Research on Cancer classified perineal (genital) use of talcum powder as “possibly carcinogenic to humans.”

What Injuries Can Occur From Using Talcum Powder?

            Most of the lawsuits being filed involve people who developed certain types of cancers which could be linked to using talcum powder. Below are several of the cancers which studies have shown increase in likelihood if using talcum powder:

Ovarian

Endometrial/Uterine

Cervical

Fallopian Tube

Leiomysarcoma

How Can We Help?

Booth Samuels and the attorneys at Pittman, Dutton & Hellums, P.C. are currently accepting talc-injury cases. If you or someone you love is a female that regularly used J&J Baby Powder or Shower to Shower and, since the year 2000, have been diagnosed with any of the above forms of cancer, please contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation. 

WARNING- FAKE XARELTO SETTLEMENT PHISHING SCAM

It has been brought to our attention that individuals are attempting to perpetrate a scam by contacting Xarelto claimants directly and claiming to offer settlements on behalf of Johnson & Johnson.  We understand this scam involves individuals who do not work for or have a relationship with Johnson & Johnson.

No settlement discussions have commenced at this point and there is no settlement to report.  Please refrain from providing personal information to individuals that call or contact you about a Xarelto settlement. 

It is our understanding that the scam artists have requested names, social security numbers and bank routing numbers.  In the event you are contacted, gather all possible information so that we can notify the Court and any other proper authorities of the same.  The Plaintiffs' Executive Committee has notified Defendants' Counsel of this matter and the MDL Court.  

Jury Finds For Victims of DePuy Pinnacle Hips

Today, a jury found Johnson & Johnson liable with a $497.6 million verdict in the second bellwether trial in the multidistrict litigation over allegedly defective Pinnacle hip prosthetics manufactured by its DePuy Orthopaedics Inc. unit. The case involved five separate plaintiffs. The first bellwhether case tried last fall was a defense verdict.

The trial took place in Texas after hearing 37 days of testimony. The jury received the case late in the afternoon on March 10th and deliberated for four more days before reaching the verdict.

This is the second major defeat for Johnson & Johnson in a little over a month. The first defeat resulted a St. Louis jury awarded an injured plaintiff $72 million against Johnson & Johnson for their talc-based powders. That theory involved the powder creating an increased risk of ovarian cancer.  

Our firm has been handling Pinnacle and ASR hip cases for nearly six years. If you or a loved one were implanted with a DePuy Pinnacle or ASR metal-on-metal hip and suffered injuries, please contact Booth Samuels at toll free 1-866-515-8880 or at booths@pittmandutton.com.