A Texas jury has found Johnson & Johnson’s DePuy Orthopaedics unit liable for over $1.04 billion in a 6-plaintiff bellwether trial alleging injuries from its Pinnacle line of hip replacement devices.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications from a hip replacement device, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the problem?
December 2, 2016 – Following a 2-month trial that ended Wednesday, jurors deliberated for less than a day before finding that DePuy had negligently designed its Pinnacle hip, failed to warn surgeons about dangerous conditions associated with the implant, and concealed its risks from the public.
The award includes damages of :
- $4 million plus medical expenses to each of four plaintiffs who had a single hip replaced;
- $6 million plus medical costs to each of two plaintiffs who had both hips replaced;
- $1 million each to 4 spouses for loss of consortium, and
- More than $504 million ($84 million per plaintiff) against J&J and DePuy each in punitive damages.
Because the 6 plaintiffs are residents of California, they are not subject to the same punitive damages cap that slashed the $502 million verdict from the second bellwether trial, which involved plaintiffs from Texas. J&J came out victorious in the first bellwether trial, which involved one plaintiff who lives in Montana.
DePuy and J&J were each found liable for:
- Negligent design defect
- Negligent failure to warn
- Strict liability failure to warn
- Failure to recall
- Negligent misrepresentation
- Intentional misrepresentation
- Fraudulent concealment
J&J was also found liable for aiding and abetting its DePuy subsidiary in each of the 7 causes of action. The jury determined that J&J did not conspire with DePuy on the design defect claim; however, they did find J&J liable for conspiracy on the other 6 claims.
DePuy said it would appeal the latest verdict and remains committed to defending itself and DePuy in roughly 8,400 other lawsuits involving Pinnacle hip replacements. Other bellwether trials in the multidistrict litigation (MDL No. 3:11-md-02244) are currently being prepared; their outcomes will influence the remaining suits.
Do I Have a DePuy Hip Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in hip implant lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.
Free Case Evaluation: Again, if you were injured or had to undergo revision surgery for a failed DePuy hip implant, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.