On December 1, 2016, a jury in the Northern District of Texas awarded six plaintiffs harmed by DePuy Pinnacle metal-on-metal hip implants a whopping $1.04 billion dollars.
In 2009, it became evident that DePuy and Johnson and Johnson’s Pinnacle hip device was failing at a higher than expected rate. This device is made up of a metal cup, metal head, and metal liner. While some doctors used a poly (plastic) liner, many used the metal liner. A high number of recipients of the DePuy Pinnacle Hip System experienced unexplained hip pain, difficulty standing or walking, loss of mobility, loosening of the joint, and dislocation. Failure of the device is often due to metallosis and its side effects.
Though it was never recalled, plaintiffs were able to present a wealth of evidence showing that the DePuy Pinnacle Acetabular Cup System has similar defects to the recalled DePuy ASR system and therefore that DePuy knew the damage Pinnacle hip systems could cause in hip replacement patients. Evidence at trial showed that DePuy paid royalties of over $200 million to doctors who helped design and promote the Pinnacle hip systems. Plaintiffs also pointed out that DePuy is worth over $72 billion dollars and if the jury truly wanted to send a message to DePuy, they would have to award the plaintiffs enough money to make an impact. The jury heard the plaintiffs loud and clear. The jury sent DePuy that message earlier today when it delivered its verdict.
Next on the horizon is the question of settlement. Will DePuy be more willing to settle future lawsuits rather than risk another gigantic loss at trial? Stay connected with GoldenbergLaw for updates.