U.S. District Judge Ed Kinkeade in Dallas cited "constitutional
considerations" that limit how much plaintiffs may recover in
punitive damages but upheld the jury's findings that the implants
were defectively designed and that the companies failed to warn
consumers about the risks.
Around $500 million of punitive damages would be cut from the more
than $1 billion awarded to the plaintiffs who are California
residents that were implanted with the hip devices and experienced
tissue death, bone erosion and other injuries they attributed to
design flaws.
The complainants claimed the companies promoted the implants as
lasting longer than devices that include ceramic or plastic
materials.
DePuy ceased selling the metal-on-metal Pinnacle devices in 2013
after the U.S. Food and Drug Administration strengthened its
regulations on artificial hips.
J&J and DePuy paid $2.5 billion that year to settle more than 7,000
lawsuits over its ASR metal-on-metal hip devices.
[to top of second column] |
(Reporting by Rama Venkat Raman in Bengaluru, additional reporting
by Nate Raymond in New York; Editing by Sunil Nair)
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