District Judge Ed Kinkeade in Texas has finalized the $245 million judgments for New York plaintiffs reached by the jury in November 2017 in a bellwether case against Johnson & Johnson (J&J) over its allegedly defective DePuy Pinnacle metal-on-metal hip implants that failed, injuring patients across the U.S. (A bellwether trial is a case that the court and the parties select to test their arguments, with the goal of moving the overall larger litigation towards resolution.) The verdict, now final, is intended to compensate plaintiffs for past and future medical expenses, as well as for pain and suffering from hip implant failures. [Read more…]
U.S. District Judge Ed Kinkeade has selected seven DePuy hip injury bellwether cases to proceed to trial in the multidistrict injury litigation against Johnson & Johnson’s DePuy Orthopaedics Inc. unit. J&J had asked Judge Kinkeade to stay (pause) the cases pending J&J’s appeal of a previous $497.6 million injury-related verdict against the company, but he refused, slating the 7 bellwether cases to begin trials starting September 6, 2016. The other 8,800 cases in the MDL will be put on hold until all of the bellwether trials take place. [Read more…]
Lieff Cabraser attorney Wendy R. Fleishman is serving as the chair and moderator of a program on Toxic, Environmental, and Pharmaceutical Torts at the annual convention of the American Association for Justice in Baltimore, Maryland on July 27, 2014. The program will bring many of the nation’s leading plaintiffs’ attorneys to review in depth the methods and practices of achieving justice for large numbers of claimants in mass torts cases, including comparing federal multidistrict litigation with state coordinated litigation.
Johnson & Johnson DePuy Hip Recall Settlement Summarized
The ASR XL Acetabular and ASR Hip Resurfacing system hip are all-metal, also called metal-on-metal, artificial hip implants manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. Close to 40,000 patients in the U.S. received a DePuy ASR hip implant from its introduction to the market in August 2005 through August 2010, when DePuy issued a recalled for the device. [Read more…]
In January 2013, the FDA proposed a new rule requiring manufacturers to demonstrate the safety of all-metal hip implants before they could continue to sell these medical devices. This proposal attempted to close a loophole that has allowed manufacturers to sell medical devices without first testing them; heretofore, manufacturers merely had to prove that a similar device was already on the market.