According to a federal jury in Dallas last week, Johnson & Johnson’s metal-on-metal Pinnacle hip implants were defectively designed. As the company, along with its DePuy Orthopaedics unit, knew of the defect yet failed to properly warn consumers about the risk, the jury ordered the company to pay over $1 billion to the six plaintiffs named on the action. The verdict includes $32 million in compensatory damages, with the remainder being designated as punitive damages.
The six plaintiffs in this particular action each experienced tissue death, bone erosion and other injuries as a result of the hip implant’s flawed design. In addition to these injuries, the plaintiffs claimed that the implants were promoted as having the ability to outlast traditional devices made from ceramic or plastic. Interestingly, the company stopped selling the devices in 2013 following action by the US Food and Drug Administration aimed at strengthening its regulations on artificial hips.
These plaintiffs are not alone. According to one news report, Johnson & Johnson is currently facing nearly 8,400 lawsuits over the Pinnacle hip implants. Just last July a jury issued a $500 million verdict on the same issue, although the judge reduced this verdict to $151 million, citing a Texas state law that limits punitive damages. The remaining lawsuits have been consolidated in Texas federal court, with test cases being selected for trial and their outcomes being used to help gauge the value of future claims. On top of this, reports cite that Johnson & Johnson have paid $2.5 billion to settle over 7,000 lawsuits over its ASR metal-on-metal hip devices, which were recalled in 2010 following high failure rates.
Johnson & Johnson, which denied any wrongdoing, has stated their intentions to immediately appeal the verdict.
If you received a Johnson & Johnson Pinnacle hip implant and, as a result have suffered tissue death, bone erosion and other injuries, you may be entitled to compensation. As product liability cases are highly complex, it is strongly recommended that you seek the advice of an experienced Florida personal injury attorney. Contact the Law Offices of James O. Cunningham, P.A. today and schedule your free, no-obligation initial consultation.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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