The third test trial, also known as a bellwether trial, against Johnson & Johnson Inc. and DePuy Orthopaedics (defendants) over the latter’s Pinnacle hip implants concluded in U.S. District Court in Dallas, Tex. in December 2016.

In this case, six former hip replacement patients were represented as plaintiffs against the pharmaceutical and medical supply giant and its subsidiary.

DePuy Metal Hip Implant Lawsuit

The second of two DePuy Metal Hip Implant lawsuit verdicts concluded with the presiding judge and jury awarding the six plaintiffs over $30 million in actual damages. This part of the award is based on the extent of the plaintiffs’ injuries attributed to the DePuy Pinnacle implant system.

The Texas judge and jury also awarded over $1 billion in punitive damages. Punitive damages require that the defendants’ action or lack of action be proven as deliberately hurtful and/or reckless. Punitive damages are assessed largely to discourage future disregard and recklessness with respect to the well-being of others.

Johnson & Johnson has more than 8,000 lawsuits waiting in the wake of this and other DePuy metal hip implant lawsuits. The first test case ruled in favor of Johnson & Johnson and the second test case ended in a judgment of $500 million in March 2016. It was later reduced to $154 million. Johnson & Johnson has appealed.

What is a Bellwether Trial and MultiDistrict Legislation?

Bellwether trials are a common practice in which representative cases are brought together to test arguments and evidence on both sides of an issue at the heart of a multidistrict legislation (MDL).

The creation of an MDL is a consolidating effort on the part of the federal court system. An MDL is a grouping of similarly situated plaintiffs with the same complaints against the same defendant. The plaintiffs may reside all over the U.S.

Rather than risk the redundant impracticality of regionally filing and trying each case individually, the arguments are brought together into one litigation. This litigation is conducted at a single designated federal court, and plaintiffs can join the litigation regardless of their location.

Six Patients and Six Revisions

The DePuy metal hip implant lawsuit in Dallas has been preceded by small groups of plaintiffs going to test trial.  In this third of such cases, six former hip replacement patients had all had the DePuy Pinnacle metal-on-metal prosthetic hip joints surgically implanted.

As is common with artificial joints, a revision surgery is often necessary eight to 10 years after implantation to replace certain parts. In the case of the DePuy Pinnacle hip joint, all six patients had to have their revision surgeries much sooner, and most needed a totally new prosthetic unit due to bone erosion and tissue damage.

If you or someone you love suffered injury or complications from a DePuy metal hip replacement, you may be able to pursue legal recourse. A knowledgeable medical device lawyer can answer your questions.