In federal court on Thursday, Johnson & Johnson, and its medical device manufacturer DePuy, were ordered by a jury to pay $500 million to five Texas residents who claimed they were injured by the companies’ Pinnacle metal-on-metal hip implants.
Following a lengthy trial, jurors deliberated for one week before determining that Pinnacle metal hip implants were defective and that the companies failed to warn consumers about the risks associated them.
According to members of the trial counsel, jurors awarded the Texas residents $140 million in compensation, plus an additional $360 million in punitive damages.
The verdict came shortly after Johnson & Johnson was ordered to pay millions in compensation to plaintiffs in other defective product lawsuits, such as a wrongful death claim due to the company’s talcum powder products and a personal injury claim due to the company’s defective morcellator surgical device.
Currently Known Details of the Defective Hip Implant Trial
All five plaintiffs in the trial were Texas residents who were implanted with Pinnacle metal-on-metal hip devices. The plaintiffs claimed that design flaws caused the devices to fail soon after implantation, which led to debilitating injuries such as tissue death, bone deterioration and high levels of metal in their blood.
The plaintiffs also alleged that Johnson & Johnson and DePuy were aware of the defective nature of the metal implants, yet they continued to market them as long-lasting, durable and safe. The plaintiffs claimed the companies’ intentionally targeted younger, more active patients with their aggressive marketing campaign.
A spokesperson for Johnson & Johnson said the companies researched and marketed the devices responsibly and that they will appeal the jury’s decision. Trial counsel members for Johnson & Johnson estimated the punitive damages may be reduced to as little as $10 million, following the post-trial proceedings.
Thursday’s verdict resulted from the second federal trial involving the Pinnacle metal hip implant. In the first trial, which ended in 2014, Johnson & Johnson was found not liable and was cleared of any accountability.
The companies stopped selling the Pinnacle metal-on-metal devices in 2013. That same year, they paid $2.5 billion to settle more than 7,000 lawsuits over a different metal-on-metal hip device, the ASR, which was recalled in 2010.
To date, more than 8,000 Pinnacle lawsuits have been consolidated and are awaiting trial in Texas federal court.
If you or a loved one has been injured by a faulty medical device, contact the defective product lawyers at Schmidt Kramer today. We can help determine your best course of legal action to ensure you receive the justice and compensation you deserve.