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Articles Posted in Depuy Pinnacle

Depuy Pinnacle Artificial Hip Litigation: Defendants Seek Delay of New Trials

Published on: June 8, 2016 | By Clay Hodges

A request by Depuy Orthopaedics Inc. to delay more trials concerning its Depuy Pinnacle hip implants is pending in the federal court in charge of thousands of cases against the company. The request came from Depuy on May 24. Depuy asks the Court to hold off on further trials until an appeal of one large case tried in March is resolved. That case, which I wrote about here and here, resulted in a stunning $502 million verdict for five people injured by the defective artificial hip components. So Depuy is plainly motivated to delay, if not overturn, the award. If the request is granted it will take much longer for other plaintiffs to have their cases tried, as complex appeals like this one can take years to resolve. As the saying goes, justice delayed is justice denied. I hope federal judge Ed Kinkeade in Texas denies Depuy’s motion. These remaining cases deserve their day in court.

Depuy and the other defendants claim their planned appeal could have “far-reaching implications” on how future cases are tried. Defendants claim the “grounds for appeal are strong” and that they “acted appropriately and responsibly in the design and testing” of the devices.

My Depuy ASR Hip Is Still Implanted: Do I Have a Claim for Compensation?

Published on: May 24, 2016 | By Clay Hodges

I have been getting a few calls recently from people who still have the Depuy ASR hip implanted in one or both hips. They are asking the right questions: Are the metal levels in my blood too high? How will metallosis affect my long-term health? Will the component slip on me now and cause all kinds of new pain? Should I schedule surgery and have the Depuy ASR components removed? Plainly, these are questions for a doctor, not a lawyer. I can’t answer any questions specific to your health. Eventually, however, these callers ask an intriguing question: I have the Depuy ASR hip implanted in my body and I have not yet scheduled revision surgery: Do I have a valid claim against Depuy and Johnson & Johnson? It’s a good question.

People with Depuy ASR hip components implanted in their bodies who did not undergo revision surgery did not “qualify” for the two settlements that have been reached in the Depuy ASR multidistrict litigation (DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL 2197). But this does not mean they are not injured or that they do not have a valid claim. All it means is that they did not qualify to participate in the settlement based on the timelines in the settlement agreements. Let’s take a step back.

Jury Awards Astonishing $502 Million to Five Depuy Pinnacle Hip Victims

Published on: March 22, 2016 | By Clay Hodges

The ground moved on March 17, 2016. In a Dallas Texas courtroom a federal jury ordered Depuy Orthopaedics and Johnson & Johnson to pay five unfairly injured people $502 million dollars, including a stunning $360 million in punitive damages. The jury based this award on findings that Depuy hid critical defects in the design of the Depuy Pinnacle artificial hip system and hid these risks from doctors and patients.

I’ve written about this case before (In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, 11-md-02244, U.S. District Court, Northern District of Texas (Dallas)). Five plaintiffs (Aoki, Christopher, Greer, Klusmann, Peterson) agreed to have their cases tried together. This was not a “class action” lawsuit. Rather, because the five individual cases had sufficient similarities, the judge, parties, and attorneys agreed to try all five cases in one jury trial. The single jury heard all the evidence in these cases, but Judge Ed Kinkeade instructed the jury to consider liability in each individual case, and to award separate damages for each plaintiff. Boy did they.

$360,000,000 in Punitive Damages

Five patients implanted with the Depuy Pinnacle artificial hip were awarded $502,000,000.00. The jury concluded that the Pinnacle hip sold by Depuy was defective and that Depuy knew about the flaws but did not warn patients and their doctors of the risks. The jury awarded $142,000,000.00 in actual damages and $360,000,000.00 in punitive damages.

Depuy is owned by parent company Johnson & Johnson, who will be on the hook for paying this judgment.

Depuy Pinnacle Hip Cases Currently Being Tried to Jury in Texas

Published on: February 2, 2016 | By Clay Hodges

There is a very important Depuy Pinnacle hip case being tried in Dallas, Texas as I write this.

The federal court system has consolidated many of the Depuy Pinnacle lawsuits into one multidistrict litigation in the North District of Texas (3:11-md-02244) presided over by federal judge Ed Kinkeade.

Bellwether Cases

Back in August, Judge Kinkeade selected certain cases as “bellwether selections” and ordered the parties to organize those cases for jury trials. Bellwether cases are representative cases which have broad characteristics in common with many of the remaining cases.

So Judge Kinkeade ordered that five separate cases would be consolidated into one (very large) jury trial, to start January 8. Those five plaintiffs are:

Aoki
Christopher
Greer
Klusmann
Peterson

One jury will hear all the evidence in these cases, but the judge will allow the jury to consider liability in each case, and to award separate damages in each case. Based on court filings, all five plaintiffs are from Texas, and each case has many similarities, thus making them amenable to trying together. In the language of the law, these five cases have “common issues of law and fact.” Opening arguments began January 11. The case is supposed to last three months.

Failed Artificial Hips: What Cases Are Still Active in 2016?

Published on: January 27, 2016 | By Clay Hodges

Artificial hips have been failing for years now. The effort in the last two decades to build and market a metal-on-metal hip that might last the patient’s lifetime has not been a success. The manufacturers were too quick to move the new metal hips to market, and using the flawed 510(k) fast-track process, they did not test the devices sufficiently to understand the risks. As a result, thousands of people suffered through hip replacement surgery failure and had to undergo revision surgery, just months or a few years after the original surgery. Because of these hip failures, thousands of lawsuits have been filed. The litigation continues for many people, and will continue for years. Still, because most of the failed medical hip products were recalled or taken off the market years ago, the litigation is plainly winding down with several of these artificial hip devices. So what’s still going on? And what does this mean for you?

Depuy Pinnacle Artificial Hip Lawsuits: The Basics

Published on: November 6, 2015 | By Clay Hodges

I’ve written a lot about the Depuy ASR Hip System on this site. And there are good reasons for that. First, I have represented many clients who suffered from failed Depuy ASR hip components, so I’ve spent a lot of time in the Depuy ASR MDL. Second, the Depuy ASR hip failures have generated thousands of lawsuits across the country, more than other artificial hip products. The last I checked, filed cases involving the Depuy ASR hip system exceeded 10,000, so the ASR claims are far and away the biggest source of litigation among the artificial hip manufacturers.

Nevertheless, other artificial hips have been failing. Depuy Orthopaedics manufactures and sells the Depuy Pinnacle Cup System. Thousands of lawsuits have been filed against Depuy and Johnson & Johnson related to the Depuy Pinnacle hip, although so far, Depuy is defending the Pinnacle Hip aggressively and recently won a jury trial involving a woman who claimed she was injured by the Pinnacle.

Artificial Hip Lawsuits: What You Need to Know

Published on: October 15, 2015 | By Clay Hodges

I am pleased to present my new ebook, Artificial Hip Lawsuits: What You Need to Know.

For now I am making the book available for free in digital format; simply click the link on the right and download your copy of the book. We can also send you a printed copy if you like–simply reach out to us using the contact box on the right.

Nine years ago I was hired to represent a woman who suffered terrible pain and misery after her artificial hip failed. Since then I have helped many others who have had traumatic experiences following a failed hip replacement surgery. I hope this book may help you.

Recent Jury Verdicts In Artificial Hip Trials (Part 1)

Published on: August 6, 2015 | By Clay Hodges

Those who have suffered from a failed artificial hip, have undergone a revision surgery (or even more than one), and now contemplate taking legal action against the manufacturer, often ask what kinds of money judgments plaintiffs have received from juries across the country. I have collected a representative sample of jury verdicts over the last few years against artificial hip manufacturers like Depuy and Zimmer. The good news for injured people is that some plaintiffs have received several million dollars from juries for their injuries. The bad news? Juries found no negligence at all by the manufacturer; in those cases, the injured person received no money at all.

I’ve collected a list of recent cases and their jury verdicts involved. This is not an exhaustive list, and other jury verdicts are out there, but this will give you a sense of what is going on with artificial hip cases jury trials:

Kransky v. DePuy Orthopaedics (Los Angeles Superior Court)

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★★★★★

I was involved in a case for the faulty hip replacements. Clay Hodges represented me. I can't say enough about how much he has helped me. Clay was able to win multiple settlements on my behalf with most of them being the maximum amount able to be awarded. Matt J.

Clay, thank you sir for making a disheartening experience at least palatable, you and your staff were honest, caring and understanding through the entire process of my wife’s hip replacements, while monetary settlements never make the pain and suffering end, it sometimes is the only way people can fight back to right a wrong. J. V.

We are absolutely pleased with how Clay Hodges handled my husband’s hip replacement claim. He always kept us informed of the progress. And, his work resulted in a settlement which we are extremely pleased. Thank you, Clay! Carol L. & Norm L.