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 Delivering a third straight win to patients, the jury found that the
metal-on-metal hip implants were defectively designed and that the
companies failed to warn consumers about the risks.
Six New York residents implanted with the devices said they
experienced tissue death, bone erosion and other injuries they
blamed on design flaws.
J&J, which faces more than 9,700 Pinnacle lawsuits in state and
federal courts across the United States, said in a statement it
would immediately begin the appeal process.
A DePuy spokeswoman said the company was still "committed to the
long-term defense of the allegations in these lawsuits," adding that
the metal-on-metal hip implants were backed by a strong record of
clinical data showing they were effective.
Plaintiffs claimed the companies falsely promoted the device, most
commonly used to treat joint failure caused by osteoarthritis, by
saying it lasted longer than similar implants that include ceramic
or plastic materials.
"We thank this jury for sending a very strong message about the
responsibility the defendants have to take care of their consumers,"
Mark Lanier, who represented the New York patients, said in a
statement.
Thursday's verdict came in the fourth test trial over the devices in
Dallas federal court, where some 9,000 of the cases are pending.
Test cases have been selected for trial, and their outcomes will
help gauge the value of the remaining claims and inform potential
settlement talks.
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J&J won the first Pinnacle test trial in 2014, but subsequent juries
determined the companies to be liable.
"This nine-week trial was a disservice to everyone involved because
the verdict will do nothing to advance the ultimate resolution of
this six-year old litigation," attorney John Beisner, who
represented the companies, said in a statement. He said the firms
would seek further appellate guidance.
A jury in March 2016 awarded five Texas plaintiffs $500 million in
damages. That award was later cut to $150 million.
J&J and DePuy were also found liable at a trial in March, during
which a jury awarded six California patients $1 billion - a verdict
that was later reduced to $543 million.
DePuy ceased selling the metal-on-metal Pinnacle devices in 2013
after the U.S. Food and Drug Administration strengthened its
artificial hip regulations.
(Reporting by Tina Bellon; Editing by David Gregorio and Dan
Grebler)
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