A federal jury in Texas awarded six individual plaintiffs a total of $247 million in a bellwether trial involving the Pinnacle metal-on-metal hip. This represents the third win in a row for plaintiffs against DePuy and Johnson & Johnson. However, all verdicts are under appeal.
The verdict was unanimous that Johnson & Johnson and DePuy were liable for design defects and fraud. The verdict included $168 million in punitive damages and found the companies had acted with wanton, reckless, or malicious conduct.
There are currently more than 9,000 Pinnacle hip cases filed against these defendants. Johnson & Johnson continues to say they will fight these cases and refuses to accept responsibility. Only time will tell if this will bring them to the negotiating table. We may see all these cases remanded to Federal Courts around the country if a settlement isn’t reached shortly.
GoldenbergLaw has been very active in this litigation and is continuing to accept Pinnacle and other hip failure cases.