Video Transcript for Pinnacle Hip Implant Litigation Update
Last week a jury in federal court in Dallas, Texas awarded more than $1 billion to six plaintiffs who sued Johnson & Johnson and Depuy Orthopedics alleging personal injuries as a result of a hip implant known as the Depuy Pinnacle implant.
The implant is a metal-on-metal device, which is in contrast to a more traditional ceramic or mental-on-polyethylene or plastic device. The metal-on-metal device is alleged to wear and erode and corrode when the patient walks and moves about with the device, releasing metal particles, like cobalt and chromium, into a patient’s body, causing a high concentration of those metals in the patient’s body and causing the patient’s body to reject the device.
These are devices, these hip implants, that are designed to last for 15 – 20 years. And, what many patients are reporting, is a failure rate within 1 to 5 years. As a result, more than 9,000 patients have filed suit in federal court in Dallas, Texas – the same court where the $1 billion verdict was reached last week. This verdict will be appealed. It will be hotly contested. There were many objections that were made during the trial – more than 200 – and the appeal will go to the United States Court of Appeals for the Fifth Circuit.
It is important to note that the jury’s verdict is not necessarily applicable to all plaintiffs. This is not a class action. As a result, each plaintiff’s case will be judged on its own facts and circumstances. The recent trial was known as a bellwether trial, which is a test case designed to give the court and the parties information about the likely merit of other claims pending in the litigation and the likely value of those claims. But, again, each claim will be judged on its own facts and merits.
The recent jury for six plaintiffs for more than $1 billion is a result of a defective design in the DePuy Pinnacle device. If you or a loved one have been injured by this device, please give us a call right away.