DePuy Hip Pinnacle Metal-on-Metal Hip Lawsuits Continue. At last count, there are over 10,000 filed DePuy Hip Pinnacle Metal-on-Metal hip replacement lawsuits, centralized in Dallas, Texas.
The lawsuits are centered around the metal-on-metal version of DePuy Orthopaedics’ Pinnacle Ultamet hip replacement system.
The hip replacement lawsuits have similar claims that the DePuy Pinnacle metal-on-metal implant was defectively designed, that the companies knew or should have known about this defect and that the device is unreasonably dangerous, causing the release of metallic debris that results in premature failure of the artificial hip system.
The release of the metallic debris causes metallosis, which may result in adverse local tissue reactions, pseudotumor formation, premature hip failure requiring risky revision surgery to replace the joint implant.
The Dallas court oversees the DePuy Hip Pinnacle Metal-on-Metal injury cases in a federal multidistrict litigation (MDL), that was organized in 2011.
Plaintiffs want the DePuy Pinnacle injury cases to be remanded
Earlier in February, the injured plaintiffs asked the Dallas federal court to remand their cases to the U.S. District Courts nationwide for individual trial dates.
The plaintiffs filed an Omnibus Motion in the U.S. District Court, Northern District of Texas, proposing that the Court conduct an “orderly and efficient staggered remand process,” in which each side would select 10 appropriate cases for remand to federal courts in California, New York, and Texas. The 60 cases would begin going to trial in 2019.
The Motion further requests that the Court begin staged discovery of the metal-on-poly hip revision lawsuits currently pending in the multidistrict litigation.
DePuy Pinnacle Hip Bellwether Trial Verdicts
To-date, there have been four bellwether trials, the first in October 2014, was a verdict for DePuy and Johnson & Johnson, the defendants’ only victory.
In March 2016, five plaintiffs were awarded $500 million in the second DePuy Pinnacle trial. That award was reduced to $151 million, to follow Texas law governing punitive damages. Johnson & Johnson has appealed to have the entire verdict crushed, claiming that there is insufficient evidence that the Pinnacle hip replacement system was defectively designed and marketed.
Johnson & Johnson also argued that the jury was told of an $80 million settlement in 2011, for bribing European doctors, and that the jury was allowed to hear evidence that suggested the company paid kickbacks to people who worked for Saddam Hussein.
The third trial ended in December 2016, when six Pinnacle victims were awarded more than $1 billion. Again that judgment was reduced to $543 million.
Another plaintiff was awarded $247 million in November. All of these trial verdicts have been appealed by the defendants to the 5th Circuit, a negative outcome of the appeals could sink the more than 10,000 product liability lawsuits pending over DePuy Pinnacle hip implant complications.
Despite the large verdicts for plaintiffs in bellwether trials, there has been no progress with the manufacturers to negotiate and settle the Pinnacle hip injury cases.
What is the problem with Metal-on-Metal Hip Implants?
Artificial metal hips should last around 15-20 years. But in January 2013, the U.S. Food & Drug Administration warned that patients receiving metal-on-metal hip replacements were more likely to experience premature device failure compared to those who received other types of implants.
Johnson & Johnson agreed to pay more than $2.4 billion in November 2013 to settle DePuy ASR metal hip lawsuits, which was a similar metal-on-metal hip system that was based on the DePuy Pinnacle design, and recalled from the market in August 2010, a few years after it was introduced.
DePuy stopped sales of the all-metal Pinnacle hip system in 2013, apparently due to “low clinician use”. The company has declined to settle the Pinnacle hip litigation.
If you think you may have DePuy Pinnacle Ultamet metal hip device and are experiencing pain caused by metal corrosion or have suffered premature hip failure requiring full revision and emergency care, please call Dr. Shezad Malik Law Firm at 888-210-9693. We are based in Dallas, Texas and handle premature hip failure injury cases nationwide.
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Shezad Malik is an Internal Medicine and Cardiology specialist, a licensed Texas Medical Doctor and Defective Medical Device and Dangerous Drug Attorney. Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others.