Posted on behalf of Stephens, Anderson & Cummings on Apr 07, 2016 in Product Liability
Johnson & Johnson has been ordered to pay five plaintiffs $500 million in damages in a Pinnacle hip implant case.
A Texas federal jury awarded the sum following a two-month trial and a week-long deliberation. The five plaintiffs had experienced injuries caused by the Pinnacle hip implant, produced by DePuy, a unit of Johnson & Johnson.
The jury determined that the design of the Pinnacle implant was flawed and could harm patients and that Johnson & Johnson and DePuy failed to warn consumers of the dangers.
The plaintiffs have been awarded $360 million in punitive damages and $140 million in actual damages. Johnson & Johnson has said they will be appealing the verdict in efforts to lower the total damages to be paid.
So far, two federal trials have been heard involving Pinnacle hip implant cases. The first occurred in 2014 and Johnson & Johnson was found not liable.
Thousands more Pinnacle hip implant cases have been filed against the manufacturer, 8,000 of which have been consolidated in Texas federal court. Though the verdict in this case will not be binding for future litigation, it is important because it is the first case in which Johnson & Johnson has been held legally accountable for its faulty hip implants.
No Consumer Warning Issued
The five plaintiffs in Texas experienced medical issues following the implantation of the Pinnacle metal-on-metal hip implant, including bone corrosion, higher metal levels in the blood, and tissue loss occurred. Johnson & Johnson marketed the implants as safe and long-lasting, despite being aware of the risks linked to the devices.
Johnson & Johnson pulled the Pinnacle hip implant from the market in 2013. That same year, the company settled 7,000 lawsuits regarding their ASR metal-on-metal hip implant; $2.5 million was paid to settle the lawsuits.
If a faulty medical device has caused you harm, you may be entitled to compensation. The product liability lawyers at Stephens, Anderson & Cummings will fight to recover maximized compensation to pay for lost wages, medical bills and other expenses.