Johnson & Johnson has asked a Texas federal judge presiding over the consolidated metal hip replacement lawsuits to stay upcoming bellwether trials so that the metal on metal hip implant manufacturer can appeal a massive $497.6 million verdict.

In the motion entered on May 24, J&J and Depuy (the unit of J&J that makes the Pinnacle metal on metal hip implant), the companies are waiting to hear how the judge rules on post-trial motions in order to determine how they will proceed in appealing to the Fifth Circuit.

They contend there were several issues that may effect the outcomes of future metal hip replacement lawsuits and that unsupported evidence presented at the second bellwether prejudiced the jury.

According to J&J, evidence that “references to Saddam Hussein’s ‘henchmen,’ unsupported speculation that plaintiffs might develop cancer as a result of their Pinnacle implants” came from attorneys and expert witnesses’ testimony that had no bearing to the metal hip replacement lawsuits.

“We believe there are significant and likely recurring legal issues coming out of the trial that should be resolved by the federal appellate court before any new trials are scheduled.” John Beisner, an attorney for J&J, stated. “Otherwise, the MDL proceeding will be at risk of becoming a costly exercise in inefficiency for all involved.”

Unprecedented Hip Implant Trial Leads to Massive Verdict

In January of 2016, U.S. District Judge Ed Kinkeade presided over the second bellwether trial in the Pinnacle metal on metal hip implant MDL proceedings. This was the first trial in any national metal on metal hip implant litigation to include multiple plaintiff’s, as multi-plaintiff trials, are often heatedly contested by defendants.

This unprecedented trial ultimately involved five plaintiffs, all of whom were implanted with Pinnacle metal on metal hip implants manufactured by DePuy and allege they suffered hip replacement side effects including premature device failure, significant health problems, bone erosion, inflammation of surrounding tissue, and metallosis (metal poisoning).

On March 17, 2016, after a week of deliberations following two months of trial, the Dallas jury rendered a nearly $500 million verdict.

The jury found that the metal on metal Pinnacle hip implants were defective, and that Depuy’s parent company, Johnson & Johnson, knew about the defects but failed to warn doctors and patients of the risks. The jury heard that Johnson & Johnson aggressively marketed the Pinnacle hips as long-lasting, durable, and safe.

Evidence was presented that J&J paid bribes and kickbacks overseas, and that J&J marketing and promotion in the U.S. included paying doctors millions of dollars to promote the hips, in the process misleading doctors and patients about the safety of the devices and serious hip replacement side effects.

The massive verdict included $360 million in punitive damages against DePuy and Johnson & Johnson. The verdict is the second largest verdict in the United States this year.

More than 8,000 Metal Hip Implant Lawsuits

This was the second federal bellwether trial involving the Pinnacle hip implants. The first ended in a defense verdict in 2014.

Bellwether trials are used as a measuring stick for all parties involved in the litigation to determine how the rest of the claims could play out in the courtroom.

Though these bellwether trials are not legally binding on future metal hip replacement lawsuits, they do help to examine how certain testimony and pieces of evidence may be seen by juries and courts in similar cases.

The Depuy Pinnacle bellwether trials could also play a role in a potential settlement agreement between plaintiffs and the defendants.

More than 8,000 metal hip replacement lawsuits remain consolidated in federal court in Texas against Johnson & Johnson for the Pinnacle hip implants; the next bellwether trial is scheduled for the fall.

The Depuy Pinnacle MDL is In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, Case No. 3:11-md-02244, in the U.S. District Court for the Northern District of Texas.