Johnson & Johnson Hit Third Time Over Pinnacle Metal-on-Metal Hips

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.

First Xarelto Trial in Consolidated Pennsylvania State Court Starts Today

The first state court trial in a lawsuit alleging Xarelto causes internal bleeding kicked off today in Philadelphia, following three federal cases in which Xarelto makers Janssen Pharmaceuticals Inc and Bayer Pharma AG prevailed. The three previous trials were out of the federally consolidated MDL in New Orleans, although one trial took place in Mississippi.

There are approximately 1,400 Xarelto cases pending in the Philadelphia Court of Common Pleas. There are close to 18,000 cases pending in the MDL. A lot of pretrial motions in October dealt with the exclusions of both sides’ experts, and a question of whether punitive damages would be allowed to be sent to the jury. Hopefully the plaintiff prevails in this case, although there are several other cases set in Pennsylvania.

Pittman, Dutton & Hellums, P.C., is currently investigating Xarelto cases. If you or a loved one were prescribed Xarelto and suffered an irreversible internal bleeding that lead to hospitalization and/or death, contact Booth Samuels at toll free 1-866-515-8880 or by email at booths@pittmanudutton.com

Brystal-Myers Squibb Consequences Reverberating Across the Country

The effects of the Supreme Court decision in Brystol-Myers Squibb that limited the jurisdictional reach of state courts from this summer is already having dire consequences in the real world. An Alabama woman, who died before her case was heard against Johnson & Johnson, had won a $72 million dollar verdict claiming that talcum powder caused her ovarian cancer. That verdict has now been set aside. 

Her case was filed in Missouri state court. The plaintiff, Jacqueline Fox, claimed Missouri courts had jurisdiction because the talcum products were sold in Missouri, or because the claims were joined with those of other plaintiffs injured in the state.

The court of appeals disagreed, citing the Supreme Court precedent as well as a Missouri Supreme Court case. The appeals court also said it was too late for plaintiffs’ lawyers to suggest a different basis for jurisdiction that was based on a Missouri company that allegedly manufactured talc products.

The award to Fox’s family is among $300 million in verdicts obtained by plaintiffs suing in Missouri state courts over cancer allegedly caused by talcum powder. All of these verdicts are now in jeopardy.