Johnson & Johnson and DePuy Orthopaedics have been hit with more than 8,400 lawsuits over the allegedly defective metal-on-metal Pinnacle hip implants, which have been consolidated in Texas federal court. On Thursday, December 1, 2016, a federal jury awarded six plaintiffs from California more than $30 million in actual damages and more than $1 billion in punitive damages in the litigation’s third bellwether trial. Most recently in March, the second bellwether trial returned a jury verdict of $500 million, which was scaled back to $151 million.
The message has become increasingly clear. While Johnson & Johnson (“J&J”) won the first bellwether trial in 2014, the second and third trials have more jurors finding that J&J and DePuy were negligent in designing the implant; failed to warn physicians and patients regarding the product; failed to recall it; and intentionally misrepresented the product's effectiveness to patients and their doctors.
However, both J&J and DePuy have denied any wrongdoing and have indicated that they will appeal this verdict to the 5th Circuit Court of Appeals. According to John Beisner, Johnson & Johnson’s attorney, “today’s verdict provides no guidance on the merits of the overall Pinnacle litigation because the court’s rulings precluded a fair presentation to the jury.”
The next Bellwether trial is scheduled for September 2017.
This MDL is: IN RE: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, 3:11-md-02244-K (N.D. TX)
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