In late April 2018, the 5th U.S. Circuit Court of Appeals overturned the $151 million-dollar verdict in the second bellwether trial involving the defective DePuy Pinnacle hip implant. Bellwether trials are aimed at allowing involved parties to gauge the value of remaining legal claims and inform potential settlement talks.
The Pinnacle metal-on-metal hip implant has been described as defective and was pulled from the market (but not recalled) after it was discovered that several recipients suffered significant pain, cobalt-chromium toxicity, pseudotumors and even total implant failure.
The initial trial verdict ordered Johnson & Johnson, and their subsidiary DePuy, to pay $502 million to the five bellwether plaintiffs, recipients of the Pinnacle hip implant. Subsequently, the Judge reduced the award to $151 million.
The appellate court overturned the verdict, citing that Judge Ed Kinkeade of the Northern District of Texas allowed the introduction of “inflammatory character evidence” establishing a link between Johnson & Johnson and bribes allegedly paid to Saddam Hussein’s regime in Iraq.
The appellate court decision has now set the stage for a retrial. Plaintiffs’ attorney, Mark Lanier, does not seek an appeal, but rather an immediate retrial. According to an interview, he believes that he will be able to recover an even larger verdict for the plaintiffs this time around. He stated that he believes the court misunderstood the issues and is pushing for a retrial as soon as possible.
Johnson & Johnson has said that it is now facing over 10,000 product liability lawsuits related to the Pinnacle hip implants. DePuy prevailed in the first bellwether trial related to the Pinnacle hip implant but has also been ordered to pay verdicts of $543 million and $247 million in other related trials.
The attorneys at Kershaw, Cook & Talley are dedicated to keeping you updated on all proceedings relating to the Pinnacle hip implant litigation. If you had a defective Pinnacle metal-on-metal hip, call our firm for unparalleled legal representation. For a free case evaluation, call (888) 522-2372.
Yesterday there was a JCCP Hearing in San Francisco, CA. At this time, DePuy is not interested in discussing settlement until the Andrews (third bellwether trial) appeal is decided.
The Fifth Circuit Court of Appeals threw out the $502 million verdict against Johnson & Johnson and subsidiary DePuy from the second bellwether trial regarding the Pinnacle hip. However, they will retry the case.
Johnson & Johnson and DePuy Orthopaedics are facing thousands of lawsuits due to their defective metal-on-metal hip implants. Pinnacle hip implants, which are produced by Johnson & Johnson’s subsidiary DePuy Orthopaedics, are linked to multiple adverse health outcomes. Some of the adverse outcomes are caused by metallosis, a type of metal poisoning. Metal-on-metal hip implants could lead to the following serious medical problems:
How Do I Know if My Pinnacle Hip Implant is Causing Damage?
You could experience multiple symptoms if your Pinnacle hip implant is causing harm. Be on the lookout for physical symptoms that include numbness, pain, swelling and redness near the hip and groin. You could also watch for symptoms of metallosis, some of which we have described above. Changes in joint function or your ability to walk could also signal problems with your implant.
It is important to seek medical attention if you are experiencing these symptoms. We have a list of questions on our website that you could bring with you to your doctor’s appointment.
Can I Sue if I’m Harmed by a Defective Pinnacle Hip Implant?
More than 9,000 lawsuits have been filed against Johnson & Johnson and DePuy Orthopaedics by individuals who were harmed by Pinnacle hip implants. The attorneys at Kershaw, Cook & Talley, PC are currently taking defective Pinnacle hip implant cases.
If you or a loved one were harmed after being implanted with this device, then we could explain whether it would be possible to file a claim for damages. We offer free consultations. You can reach us by calling 888-522-2372 or by using the case review form on our website
Are you on Facebook? Follow our 'DePuy Pinnacle Hip Help' page. We will host another Q&A soon. But don't worry if you aren't on Facebook. We will post it here as well.
DePuy Orthopaedics, the company responsible for the creation of a series of medical devices, is facing yet another lawsuit related to the Pinnacle acetabular cup system used in artificial hip replacements. The plaintiff, Glenn K., and his wife, Diane K., state that Glenn underwent total hip arthroplasty in early 2010. He was implanted with a Pinnacle acetabular cup system.
After his surgery, the lawsuit reports that Glenn began to suffer injuries resulting from the cobalt-chromium components of the Pinnacle hip replacement. As the metal head of the hip replacement rubbed against the metal liner, over time, a significant amount of cobalt-chromium metal ions and particles were released into Glenn’s bloodstream, traveling throughout his body and causing symptoms of metallosis. This led to severe pain, discomfort, inflammation and potentially, other side effects.
The pain did not stop for Glenn there. Because of the chronic discomfort and inflammation caused by the implant, Glenn was forced to undergo expensive and painful revision surgery. His hip implant was removed and replaced with another one in 2017.
Am I Entitled to Damages if I Suffer Pain from a Defective Hip Implant?
Many recipients of these defective hip implants share Glenn’s story. Unfortunately, the implants can lead to significant pain and suffering, diminished quality of life, lost wages, expensive medical bills and more. If you are the recipient of a Pinnacle acetabular cup system, you may be entitled to damages for your pain and suffering. Contact a defective hip implant attorney to discuss your case in a free, no-obligation consultation. You can reach Kershaw, Cook & Talley at 888-522-2372 or fill out our online contact form
Kershaw, Cook & Talley PC
We are product liability lawyers based in Sacramento, CA serving clients nationwide.
Happy with our updates? Please take a moment to review your experience with us. Thank you!