The next round of bellwether trials in the Pinnacle multidistrict litigation will move forward despite a petition by the defendants Johnson & Johnson and DePuy Orthopedics to prevent them. The 5th Circuit federal court denied their request and the trials are scheduled to begin late next month. Earlier this year, another round of trials related to the case resulted in a record $502-million dollar verdict against Johnson & Johnson.
DePuy’s parent company, Johnson & Johnson, has announced that it will enter into a $2.475 billion DePuy hip settlement agreement with plaintiffs in MDL 2197. The DePuy hip settlement covers patients who have undergone a revision surgery as of August 31, 2013. Individuals who have not undergone a revision as of August 31, 2013, still have legal rights available to them and should contact our firm to discuss them.
Article by guest commentator K.J. Bard
In recent news, the DePuy Orthopaedics division of Johnson & Johnson will be abandoning the manufacture and marketing of its metal-on-metal (MoM) hip replacements. In addition, DePuy will be discontinuing its Ceramic-on-Metal Acetabular Hip System. Both product lines will be unavailable after August of 2013; “related products” will be phased out over next year.
"DePuy Orthopaedics Hips. Real Life Tested"
Those words still appear on a website maintained by the company (play the videos at the bottom or click on “read transcript”). Of course, these are about the newer Pinnacle hip device, not the ASR that so far has cost the company $8.3 million in a single lawsuit – with approximately 10,000 more cases lined up right behind it.
For a long time, the four manufacturers of hip and joint replacements that controlled 75% of the market were laughing all the way to the bank. These four companies – Stryker, Biomet, Du Puy and Zimmer – have been beneficiaries of a dysfunctional health care “system” that has no financial interest in healing patients.
In a recent news article, Gregory Demske, assistant inspector general for the U.S. Department of Health and Human Services, reported that the four largest manufacturers of hip replacements – all of which are facing legal action – paid “physician consultants” $800 million between 2002 and 2006. As defects in these designs became apparent and evidence surfaced to indicate that these companies were aware of the problems, these companies came under increasing scrutiny by the U.S. Department of Justice (DoJ).
A California Jury returned an $8.3 million verdict against Johnson & Johnson and DePuy in the first trial regarding a plaintiff who was implanted with the recalled DePuy ASR hip implant. Over 10,000 plaintiffs across the United States have filed similar lawsuits against DePuy, and many of those plaintiffs required a revision to remove the recalled DePuy ASR hip implant. Often times, these plaintiffs had elevated levels of cobalt and chromium ions
When Stryker Orthopaedics introduced its innovative Rejuvenate & ABG II Modular-Neck Hip Stems back in 2010, it was hailed as the greatest invention since the artificial hip implant. Two years later, the company issued a voluntary recall, and the product is now at the center of growing litigation.
If you have been prescribed a dangerous drug or received a defective medical device – such as a hip or joint implant or a pelvic mesh, both of which have been demonstrated to cause serious health problems – you understand that you have a right to sue the manufacturer for damages.