A Dallas federal jury on Thursday found in
favor of six plaintiffs and against Johnson & Johnson and its DePuy
Orthopaedics unit. The $247 million verdict is the third loss J&J has had
in four civil jury trials. The
verdict includes $78 million in compensation for the plaintiffs’ injuries and
more than $168 million in punitive damages.
J&J won the first Pinnacle test trial
in 2014, but subsequent juries determined the companies to be liable. A jury in
March 2016 awarded five Texas plaintiffs $500 million in damages. That award
was later cut to $150 million.
J&J and DePuy were also found liable
at a trial in March, during which a jury awarded six California patients $1
billion - a verdict that was later reduced to $543 million.
Six New York residents implanted with the
devices said they experienced tissue death, bone erosion and other injuries
they blamed on design flaws. The jury found that the metal-on-metal hip
implants were defectively designed and that the companies failed to warn
consumers about the risks.
J&J faces more than 9,700 Pinnacle
lawsuits in state and federal courts across the United States. It is more
likely than not that J&J will appeal the verdict, as they have the other
three. Three more bellwether trials have been scheduled. These gigantic losses
could weaken the company’s position in any settlement talks with plaintiffs in
the MDL. A previous DePuy hip-implant settlement cost the company billions.
Johnson & Johnson agreed to resolve more than 9,800 lawsuits over DePuy’s
ASR hip implants for $4.4 billion in 2013 and through a settlement extension in
2015.
The ASR model was recalled. The Pinnace
model was never recalled, however DePuy ceased selling the metal-on-metal
Pinnacle devices in 2013 after the U.S. Food and Drug Administration
strengthened its artificial hip regulations.
Pittman, Dutton & Hellums is actively
filing cases on behalf of individuals allegedly injured by both types of
artificial metal-on-metal hip implants- ASR and Pinnacle models. If you
would like a free case evaluation, please contact Booth Samuels toll free at
1-866-515-8880 or at booths@pittmandutton.com.
