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DePuy ASR & Pinnacle Hip Replacement Lawsuits

More than 19,000 people have filed lawsuits over DePuy’s Articular Surface Replacement (ASR) and Pinnacle hip implants. Verdicts and settlements in the lawsuits have already totaled more than $6 billion.

Complications after a Hip Replacement?

Did you or a loved one suffer complications after receiving a hip implant? You may be eligible for compensation.

Depuy Hip Lawsuit Facts
  1. Payment DePuy has agreed to pay $4.4 billion to settle ASR hip replacement lawsuits.
  2. Pinnacle Trials Juries have ordered DePuy to pay more than $1.7 billion in three Pinnacle hip trials.
  3. Pending Lawsuits More than 11,000 lawsuits are still pending and more are being filed.
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Drugwatch writers gather lawsuit information by studying court records, watching lawsuit proceedings and speaking with experienced attorneys.

People began filing lawsuits when DePuy hips started failing far sooner than expected. Many of the problems stemmed from the materials used in the company’s ASR and Pinnacle hips.

Metal-on-metal versions of the DePuy Pinnacle and DePuy ASR hip implants were blamed for serious complications. A once-promising technology, metal-on-metal hip replacements were marketed as more durable than previous hip implant models.

Metal-on-metal hips used a metal ball that fits inside a metal socket to form a joint. Traditional designs used a plastic or ceramic socket. The metal wearing against metal released microscopic amounts of metal ions. These sometimes caused a condition called metallosis — a form of metal poisoning that caused bone and other tissue death. It could also lead to loosening the device as bone and tissue wore away.

Status of DePuy Hip Replacement Lawsuits

More than 11,000 lawsuits are still pending over DePuy hip replacements. And more lawsuits are likely to be filed ahead of the latest round of settlements.

DePuy and its parent company, Johnson & Johnson, settled more than 9,000 lawsuits over ASR model for $4.4 billion between 2013 and 2015. Juries in three trials since 2015 have awarded plaintiffs more than $1.7 billion in verdicts over DePuy’s Pinnacle hip implants. But an appeals court overturned one of the three verdicts in April 2018. That decision could result in a retrial.

DePuy hip replacement lawsuit settlement stats
$4 billion has been paid out to settle 8,000 ASR hip replacement claims.

As of May2018, there were 1,661 lawsuits over DePuy ASR hips in an Ohio federal court. Another 9,498 lawsuits over DePuy’s Pinnacle hips were pending in a Texas MDL court.

DePuy had lost three of four bellwether trials over its Pinnacle hip by November 2017. Bellwether trials are “test cases” to see how lawsuits may play out in front of actual juries. These can determine if more lawsuits should go forward or whether to settle the remaining cases.

The mounting losses of jury verdicts are expected to put pressure on the company to seek settlements in the thousands of lawsuits it still faces.

Claims from Hip Implant Patients

Lawsuits over the DePuy Pinnacle and ASR hips claim the devices caused severe complications that required additional surgery to remove and replace their defective hips.

Reasons People Filed Lawsuits over Depuy Hip Replacements
  • Dislocation
  • Loosening
  • Metallosis or metal poisoning
  • Revision surgery

Accusations Against DePuy in Hip Replacements Lawsuits

The people who filed DePuy hip lawsuits claim the company, along with its parent corporation, Johnson & Johnson, knew about problems with the devices, but failed to warn people of the risks. Internal, company documents presented at the first ASR hip trial appeared to back up those claims.

Revelations of internal Johnson & Johnson Documents at first Depuy ASR Trial
  • Company predicted two in five patients receiving a DePuy ASR hip would need revision surgery within five years
  • J&J executives knew the ASR hip had a faulty design but kept it on the market
  • Surgeons warned the company to stop selling DePuy ASR hips
  • The company had considered redesigning the ASR, but discontinued the metal-on-metal implants because it was not profitable enough

Court records suggest DePuy set up a marketing campaign disguised as scientific study. In 2017, researchers looked at internal DePuy documents dating back to 2000. They published their findings in the journal Accountability in Research in December 2017.

They found a marketing plan that paid doctors $400 for each patient they enrolled in a Pinnacle hip trial. A company email predicted 40 surgeons could generate 1,000 hip implant sales a year.

DePuy documents calculated the company would pay $345,000 to doctors. The email estimated Pinnacle sales from the plan would total $4.2 million.

Past DePuy Hip Replacement Verdicts and Settlements

Settlements and verdicts involving DePuy hip implants total roughly $6.2 billion, though courts have reduced some of the jury awards.

Timeline of Depuy Hip Lawsuits, Verdicts and Settlements
  • December 2010
    Federal panel combines DePuy ASR hip lawsuits into an MDL in Ohio federal court
  • May 2011
    Federal panel combines DePuy Pinnacle hip lawsuits into an MDL in Texas federal court
  • March 2013
    Jury awards Loren Kransky $8.3 million in first ASR lawsuit to go to trial
  • April 2013
    DePuy wins second ASR trial
  • August 2013
    DePuy settles three pending lawsuits for $200,000 each
  • November 2013
    DePuy and Johnson & Johnson agree to settle nearly 8,000 ASR lawsuits for $4 billion
  • September 2014
    Plaintiffs lose the first Pinnacle hip bellwether trial
  • March 2015
    DePuy settles another 1,800 ASR lawsuits for an additional $420 million
  • March 2016
    Jury awards five plaintiffs in Pinnacle lawsuit $502 million (later reduced to $151 million under prevailing state law)
  • December 2016
    Jury awards six plaintiffs $1 billion in DePuy Pinnacle lawsuit (later reduced to $543 million under prevailing state law)
  • November 2017
    Jury awards $247 million to five plaintiffs in Pinnacle lawsuit
  • December 2017
    Johnson & Johnson appeals the March 2016 verdict asking that the $151 million award be thrown out
  • April 2018
    Appeals court overturned the second bellwether trial verdict from March 2016. This set the stage for a retrial.
  • May 2018
    There were 1,661 ASR hip lawsuits and 9,498 Pinnacle hip lawsuits still pending in two separate MDLs

DePuy Hip Class Action Lawsuits or MDLs

There are currently no class action lawsuits over DePuy hip replacements. Class actions involve several people with the same injury filing a single lawsuit. This is called a “class.” Other people with the same injury may become part of that class and share in any verdict or settlement. Class actions tend to involve cases where the amount of money a person would receive would be so small, it wouldn’t be worth their time to hire an attorney or take their case to court.

Instead, people filed individual lawsuits in the DePuy hip cases. A federal panel later combined those lawsuits into multidistrict litigations (MDLs). Like class-action lawsuits, MDLs allow several people — in these cases, several thousand — to combine their resources. MDLs also allow people to receive money for their specific injuries, rather than splitting any verdict or settlement amongst every person in the class.

Suffered from complications after a DePuy Hip Implant? Free Case Review

How to File a DePuy Hip Replacement Lawsuit

Unlike a class action, current lawsuits over DePuy hip replacements have to be filed by each person hurt by a faulty hip implant. Lawsuits can still be filed over the Pinnacle hip model.

To file a DePuy Pinnacle lawsuit, people have to have suffered an injury. These can include high metal ion counts in the blood, metallosis, loosening, fracture or having to undergo revision surgery.

Hip replacement lawsuits involve complicated issues of medicine, engineering and chemistry. They often require attorneys who specialize in medical device cases. Generally, these product liability lawyers offer free consultations that can help a patient understand their legal options. Attorneys usually don’t charge fees unless they win the case.

DePuy Hip Verdicts and Punitive Damages

Most of the money awarded in the DePuy Pinnacle verdicts has come in the form of punitive damages. Actual damages are the amount a jury decides the plaintiff has lost. This may include medical bills, lost wages and pain and suffering.

But a jury can also grant punitive damages to punish defendants if it determines there was especially bad behavior, in this case by Johnson & Johnson or DePuy.

Pinnacle Hip Verdicts, Actual and punitive Damages
  • September 2014

    Actual Damages - $0

    Punitive Damages - $0

    Total Jury Award - $0

  • March 2016

    Actual Damages - $142 million

    Punitive Damages - $360 million

    Total Jury Award - $502 million (later reduced to $151 million under prevailing state law. An appeals court overturned the verdict in April 2018).

  • December 2016

    Actual Damages - $30 million

    Punitive Damages - $1.01 billion

    Total Jury Award - $1.04 billion (later reduced to $543 million under prevailing state law)

  • November 2017

    Actual Damages - $78 million

    Punitive Damages - $168 million

    Total Jury Award - $247 million

Please seek the advice of a medical professional before making health care decisions.

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27 Cited Research Articles

  1. U.S. Judicial Panel on Multidistrict Litigation. (2011, May 24). Transfer Order. Retrieved from http://www.txnd.uscourts.gov/sites/default/files/documents/311-md-2244_1.pdf
  2. Bellon, T. (2017, November 16). Johnson & Johnson hit with $247 Million Verdict in Hip Implant Trial. Retrieved from http://www.reuters.com/article/us-johnson-johnson-verdict/johnson-johnson-hit-with-247-million-verdict-in-hip-implant-trial-idUSKBN1DG2MB
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  5. BBC News. (2017, August 21). Johnson & Johnson Faces $417 Million Payout in Latest Talc Case. Retrieved from http://www.bbc.com/news/business-41003540
  6. Jeffreys, Brenda Sapino. (2017, October 18). Judge Who Called in the Feds Says Witness-Tampering Allegations in Civil Trial New to Him. Retrieved from https://www.law.com/texaslawyer/sites/texaslawyer/2017/10/18/judge-who-called-in-the-feds-says-witness-tampering-allegations-in-civil-trial-new-to-him/?slreturn=20170925110352
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  13. Harris, A. & Voreacos, D. (2013, March 12). J&J Faces Second Trial Over Recalled Hip After Loss. Bloomberg. Retrieved from http://www.bloomberg.com/news/articles/2013-03-11/j-j-faces-second-trial-over-recalled-hip-after-losing-first-case
  14. Johnson & Johnson. (2016, March). Annual Report 2015. Retrieved from http://files.shareholder.com/downloads/JNJ/1709744668x0x881109/474857DD-8E67-43B1-BB38-0A9712D93545/2015_annual_report_.pdf
  15. Meier, B. (2013, March 8). J.&J. Loses First Case Over Faulty Hip Implant. Retrieved from http://www.nytimes.com/2013/03/09/business/johnson-johnson-must-pay-in-first-hip-implant-case.html
  16. Meier, B. (2013, November 12). Johnson & Johnson Said to Agree to $4 Billion Settlement over Hip Implants. Retrieved from http://www.nytimes.com/2013/11/13/business/johnson-and-johnson-said-to-agree-to-4-billion-settlement-over-hip-implants.html
  17. Meier, B. (2013, November 19). Johnson & Johnson in Deal to Settle Hip Implant Lawsuits. Retrieved from http://www.nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html
  18. Possley, M. , Voreacos, D. & Pettersson, E. (2013, March 8). J&J Must Pay $8.3 Million Over Defective Hip, Jury Says. Retrieved from https://www.bloomberg.com/news/articles/2013-03-08/j-j-must-pay-8-3-million-in-suit-over-defective-hip-jury-says
  19. U.S. District Court Northern District of Ohio. (2012, July 26). In Re; DePuy Orthopaedics, Inc ASR Hip Implant Prodcuts Case Management Order No. 14. Retrieved from http://www.pacer.gov
  20. U.S. District Court Northern District of Texas Dallas Division. (2012, August 14). In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation Case Management Order No. 8 [Schedule of Pretrial Matters]. Retrieved from http://www.txnd.uscourts.gov/sites/default/files/documents/3-11-md-2244_190.pdf
  21. U.S. District Court Northern District of Texas Dallas Division. (2013, September 30). In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implants Products Liability Litigation Agreed Order Staying Cases Pending Bellwether Trials. Retrieved from http://www.txnd.uscourts.gov/sites/default/files/documents/2244-348.pdf
  22. Feeley, J. and Hasselle, D. (2017, December 7). J&J Faces High-Stakes Appeal to Toss Pinnacle Hips Judgement. Retrieved from https://www.bloomberg.com/news/articles/2017-12-07/j-j-faces-high-stakes-appeal-to-toss-pinnacle-hips-judgment
  23. Johnson & Johnson. (2016, March). Annual Report 2016. Retrieved from https://jnj.brightspotcdn.com/88/3f/b666368546bcab9fd520594a6016/2017-0310-ar-bookmarked.pdf
  24. Steffen, J.E., et al. (2017, December 19). Grave Fraudulence in Medical Device Research: A Narrative Review of the PIN Seeding Study for the Pinnacle Hip System. Accountability in Research. Retrieved from http://www.tandfonline.com/doi/full/10.1080/08989621.2017.1405259
  25. Jaklevic, M.C. (2018, January 22). Court Records Show How a Medical Device ‘Seeding Trial’ Disguised marketing as science. Health News Review. Retrieved from https://www.healthnewsreview.org/2018/01/court-records-show-medical-device-seeding-trial-disguised-marketing-science/
  26. Taylor, N.P. (2018, April 26). Johnson & Johnson Appeal of $151M Hip Implant Ruling Succeeds After Judge Finds Talk of Iraqi Bribes Tainted Case. FierceBiotech. Retrieved from https://www.fiercebiotech.com/medtech/johnson-johnson-appeal-151m-hip-implant-ruling-succeeds-after-judge-finds-talk-iraqi-bribes
  27. U.S. Judicial Panel on Multidistrict Litigation. (2018, May 15). MDL Statistics Report. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-May-15-2018.pdf
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