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 The jurors found that the metal-on-metal Pinnacle hip implants were
defectively designed and that the companies failed to warn consumers
about the risks.
J&J, which faces more than 8,000 lawsuits over the hip implants,
said in a statement it would immediately appeal the verdict and was
committed to defending itself and DePuy from further litigation over
the Pinnacle devices.
The six plaintiffs awarded more than $1 billion are California
residents who were implanted with the hip devices and experienced
tissue death, bone erosion and other injuries they attributed to
design flaws. Plaintiffs claimed the companies promoted the devices
as lasting longer than devices that include ceramic or plastic
materials.
Both companies denied any wrongdoing stemming from the development
and marketing of the devices.
According to plaintiff's lawyer Mark Lanier, the total verdict of
$1.041 billion included $32 million in compensatory damages. The
rest were punitive damages.
Verdicts of such size are often scaled back by courts. In July, the
judge presiding over this case, U.S. District Judge Edward Kinkeade,
reduced a $500 million verdict in an earlier Pinnacle implant case
to $151 million, citing a Texas state law that limits punitive
damages awards.
J&J and DePuy have been hit with nearly 8,400 lawsuits over the
devices, which have been consolidated in Texas federal court. Test
cases have been selected for trial, and their outcomes will help
gauge the value of the remaining claims.
The verdict on Thursday came in the third test case, with the second
producing the earlier $500 million verdict. J&J and DePuy were
cleared of liability in the first test case in 2014
Lanier said Thursday's verdict was "a message loud and clear" that
J&J has "a really nasty part of their business they need to clean
up."
The company rejected a $1.8 million settlement offer from the
plaintiffs before trial, Lanier said.
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The plaintiffs in the second test case have appealed Kinkeade’s
decision to cut the award. Johnson & Johnson and DePuy have also
appealed the jury verdict in the case.
In its statement, J&J criticized the trial judge over certain
rulings it claimed help the plaintiffs.
“Today’s verdict provides no guidance on the merits of the overall
Pinnacle litigation because the court’s rulings precluded a fair
presentation to the jury,” said John Beisner, J&J’s attorney.
He said the company will ask the appeals court to postpone any
additional trials over the implant defects.
DePuy ceased selling the metal-on-metal Pinnacle devices in 2013
after the U.S. Food and Drug Administration strengthened its
artificial hip regulations.
J&J and DePuy also paid $2.5 billion that year to settle more than
7,000 lawsuits over its ASR metal-on-metal hip devices. The ASR
devices were recalled in 2010 due to high failure rates.
J&J shares fell 38 cents to $111 in after-hours trading. They had
closed up 8 cents during the day.
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