DALLAS, Texas — A Texas federal jury has awarded $246,998,791.22 in combined damages to plaintiffs in the fourth bellwether Pinnacle hip implant case to go to trial.
The Pinnacle device is a total hip replacement system that is intended to replace damaged bone and cartilage in the hip joint, thereby reducing pain and increasing mobility. However, the Pinnacle’s metal-on-metal design has been known to cause complications and lead to significant health problems for patients.
The jury concluded that DePuy Orthopaedics, Inc. and its parent company, Johnson & Johnson, negligently designed and manufactured the device and failed to adequately warn surgeons of its risks, according to Harris Martin Publishing.
The verdict was returned on November 16. The companies were found to be liable on claims of negligence, strict liability, fraud, negligent misrepresentation, fraudulent business acts and practices, breach of express and implied warranties, loss of consortium and punitive damages.
The trial took place in the U.S. District Court for the Northern District of Texas over the course of eight weeks. It was presided over by Judge Ed Kinkeade.
The jury awarded $13 million in punitive damages to each plaintiff as against DePuy, and $15 million to each plaintiff as against J&J.
Individually, the jury awarded New York residents Ramon Alicea $11,053,480 in compensatory damages; Uriel Barzel $10,839,201; Hazel Miura $16,068,791; Eugene Stevens $9,364,190; Karen Kirschner $20,647,423; and Michael Stevens $16,564,190.
For loss of consortium, Carole Alicea was awarded $500,000 in damages; Aviva Barzel $600,000; Yolanda Stevens $100,000; and Audra Stevens $500,000.
This case was the fourth in a series of trials against DePuy and J&J over the Pinnacle device.
The first bellwether trial occurred in October 2014, and involved the claims of one individual.
The second bellwether trial consolidated the cases of five Texas plaintiffs and ran from January to March 2016. The jury awarded a total of $502,043,908 to the plaintiffs.
On September 21, 2016, the third trial began, which consolidated six California cases. The jury awarded $1,041,311,648.17 in total to the plaintiffs.
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