April 19, 2016 - A Texas jury recently returned a substantial settlement in favor of five plaintiffs who claimed their DePuy metal Pinnacle hip devices failed. The plaintiffs in this bellwether case alleged the DePuy Pinnacle metal hip device caused significant health problems, such as metallosis and metal toxicity.
Specific symptoms included severe inflammation, deterioration and death of bone and tissue, chronic pain in the hip, groin and thigh areas, loosening of the device and the necessity for Pinnacle revision surgery. When the metal ions which have sheared away from the device during periods of activity enter the bloodstream, a number of additional serious health symptoms can occur.
DePuy’s Earlier Requests Denied
Prior to the recent settlement, DePuy called for numerous requests to divide the trial into two parts. DePuy sought to gain a judgment on a specific set of legal issues without looking at all aspects, and also submitted more than ten requests for a mistrial. All of those requests were denied. The bellwether trial lasted two months, followed by days of jury deliberation.
The judge presiding over this bellwether trial ruled on January 8, 2016, that the five cases should be consolidated for trial due to the significant number of common issues between the plaintiffs. Those commonalities included similar injuries to the five patients, similar Pinnacle surgical procedures, and similar warning to the plaintiffs’ doctors.
Pinnacle Approved by FDA in 2000—Metal Liner Discontinued in 2013
The DePuy Pinnacle metal hip gained FDA approval in 2000, and, like the recalled DePuy ASR, offered several options for patients, including a metal-on-metal ball and socket as well as ceramic-on-polyethylene, ceramic-on-metal and metal-on-polyethylene versions. The goal was to give surgeons the freedom to choose the best surface for specific patients, based on the activity level of the patient, as well as the patient’s age and body type. The metal-on-metal system generated a significant number of adverse reactions among Pinnacle patients, yet while the ASR was recalled, DePuy refused to recall the Pinnacle, however discontinued the metal liner in 2013.
Despite Adverse Reports and Lawsuits DePuy Continues to Claim Pinnacle is Safe
Despite the more than 1,300 adverse event reports submitted to the FDA regarding the Pinnacle and the fact that by July 2015 there were more than 7,000 Pinnacle plaintiffs with suits filed in the Northern District of Texas, DePuy continues to maintain the Pinnacle device is safe. The first bellwether trial was a win for Johnson & Johnson, dealing an early blow to plaintiffs. A Texas jury unanimously found in favor of Johnson & Johnson on all counts, rejecting the plaintiff’s claims of negligence, failure to warn and defective design, following an eight-week trial.
Johnson & Johnson built on that first win, releasing a statement which defended the Pinnacle’s track record for effectiveness and safety. While that first major loss for Pinnacle patients was felt to be a big obstacle for the next bellwether trial, today’s major win should offer injured Pinnacle patients renewed hope. It is not too late for those who have suffered injury from a Pinnacle hip device to speak to a DePuy Pinnacle hip attorney and join the thousands of others who are seeking damages from Johnson & Johnson.