Recently, in the Northern District of Texas, the fourth bellwether trial focused on allegedly defective metal on metal hip replacement devices began. This bellwether trial is concentrated on the DePuy Orthopedics’ Pinnacle Hip Replacement System. The bellwether trial has consolidated six hip replacement lawsuits filed by plaintiffs and their family members who allege that they suffered unwanted complications or serious negative side effects due to the premature failure of their DePuy Pinnacle Hip Replacement System device.
This bellwether trial also focuses on the allegations that Johnson & Johnson, and its subsidiary company DePuy, brought their metal-on-metal hip replacement devices to market albeit knowing the device was or may have been manufactured with defects. Among the alleged defects was the low-level quality equipment used to make the devices. Due to the material used in the production of the devices, many patients suffered the negative side effects, including having toxic metal debris to be allowed into their bloodstream or tissue surrounding their joints.
Moreover, through examination of their marketing process, emails and commissioned studies counsel for the plaintiffs has argued it may be shown that Johnson & Johnson, and DePuy took part in deceptive behavior. That highlighted conduct was allegedly aimed toward deceptively encouraging the use of their metal on metal hip replacement devices in hip implant surgeries.
Overall Johnson & Johnson, and its subsidiary DePuy, have been the named defendants in over 9,100 metal-on-metal hip lawsuits.
The first bellwether trial, involving Johnson & Johnson and DePuy, ended in a defense verdict in October 2014.
While on the other hand, the second bellwether trial resulted in the five Texas plaintiffs being awarded $500 million in March 2016 (was reduced to $151 million under compliance with Texas law).
The third bellwether trial ended last December with a verdict for the six California plaintiffs in the amount of $1 billion (was reduced to $543 million). Johnson & Johnson has appealed the second and third bellwether decisions and also attempted to block the fourth bellwether trial from beginning.
Ultimately, this fourth bellwether trial is expected to go up to eight weeks. The six plaintiffs have brought several overall claims against Johnson & Johnson, and its subsidiary DePuy including: fraud, strict liability, negligence, breach of express warranty, breach of implied warranty, fraudulent business actions and negligent misrepresentation.
If you or a loved one has experienced negative or unwanted outcomes due to defective metal on metal hip replacement devices please contact the Naumes Law Group for a free consultation at 844-826-8445 or online at www.naumeslaw.com.