April 24, 2015 - Johnson & Johnson continues to vehemently defend the DePuy Pinnacle hip device, despite the more than 6,600 lawsuits currently filed against J & J and its subsidiary, DePuy. It is interesting to note that DePuy’s recalled ASR gained FDA approval based on its substantial similarity to the design of the Pinnacle. The ASR was recalled in 2010, and in late 2014 settled more than 8,000 ASR lawsuits for more than $2.5 billion.
The First DePuy Pinnacle Trial
The first Pinnacle trial concluded in October, 2014, with a verdict in favor of the defendant—to the surprise of many. During that trial a J & J executive strongly defended the company’s assessment of safety risks associated with the Pinnacle. The executive, Pamela Plouhar, answered plaintiff’s attorney on whether the company had neglected to perform critical safety testing by stating there was “no human study that looked at the health effects of metal debris for the Pinnacle hips before 2001.”
Plaintiff’s attorney countered that research as early as 1974 suggested problems with metal-on-metal devices; Plouhar continued to insist DePuy followed all industry standards. Although the plaintiff asserted the failure rates for the Pinnacle were unacceptably high (more than 14% over seven years) and that the Pinnacle device led the levels of cobalt in her blood to skyrocket, the jury was apparently more persuaded by the defense which claimed surgeon error was responsible for the woman’s health problems.
Johnson & Johnson Settles Majority of ASR Lawsuits
Unlike the staunch defense of the Pinnacle, Johnson and Johnson settled a good portion of the ASR litigation in 2013 for $2.5 billion. The ASR lawsuits alleged the metal-on-metal hip devices led to metallosis, metal toxicity and the necessity for revision surgery. Recently, an addition to the original settlement in the amount of $420 million, provided compensation to some patients who had been excluded from the original settlement.
DePuy Pinnacle Bellwether Trials
A recent court order established the next ten bellwether trials in the DePuy Pinnacle hip litigation. Bellwether cases are chosen as being representative of issues which will arise in all the other cases during mass tort litigation. The goal of a bellwether trial is to give all interested parties a good indication of what will happen in future trials, while advancing the litigation in a timely manner. The jury verdicts in bellwether trials provide the judge and attorneys with information which will determine whether the cases should be settled, and what a reasonable amount might be for such a settlement.
Help for Your DePuy Pinnacle Hip Litigation
Even if your Pinnacle hip implant has not failed and you have not undergone revision surgery, it could be beneficial for you to speak to a DePuy Pinnacle hip lawyer. Many of those with Pinnacle devices have developed symptoms of DePuy Pinnacle hip metallosis, including inflammation, pain, necrosis of bone and tissue and hip failure. If you have any symptoms of metallosis or metal poisoning, you may be entitled to take part in the DePuy Pinnacle hip litigation. Contact an experienced DePuy Pinnacle hip lawyer today.