Recently, a Texas judge slashed a nearly $500 million verdict from the second metal hip implant bellwether trial in the multidistrict litigation (MDL) against Johnson & Johnson.

A bellwether trial is a trial in a MDL in which both parties test out their arguments so all people involved can better see how to proceed with the larger litigation and move towards resolution.

This MDL is in reference to Johnson & Johnson’s Pinnacle metal hip implant device. U.S. District Judge Ed Kinkeade cut $497.6 million from the metal hip implant bellwether trial to bring the total to about $150 million. 

MDL’s Second Metal Hip Implant Bellwether Trial

Judge Kinkeade allegedly slashed the verdict because of caps on punitive damages under Texas law. Earlier this year, a jury in Dallas returned a verdict for five plaintiffs in this metal hip implant bellwether trial that included $360 million in punitive damages.

One of the attorneys for the plaintiffs said, “While we believe that the Texas law is unconstitutional, we are not surprised that the judge used it to reduce the judgment.”

The five plaintiffs in this metal hip implant bellwether trial all had hip arthroplasty surgeries using DePuy’s Pinnacle metal hip implant device.

Allegedly, the Pinnacle device can cause serious health complications.

DePuy’s parent company is Johnson & Johnson. DePuy first manufactured the Pinnacle hip replacement device in the early 2000s.

The Pinnacle Hip Implant Device

The Pinnacle hip device is a metal-on-metal hip implant. It was thought that it would be superior to previous hip implants that were made from ceramic or plastic.

Pre-clinical studies showed that devices like the Pinnacle metal-on-metal hip implant would last longer and be more durable than previous products. They were also marketed to a younger audience because with the new design it was told a more active lifestyle could be maintained.

However, these metal on metal hip implants can create a condition called metallosis.

Metallosis occurs when the cobalt and chromium in the ball and socket joint rubs together, and small metal particles can be released into the blood. This has the potential to poison the blood. Other problems include cysts, tissue damage and device failure.

An attorney representing Johnson & Johnson and DePuy said in a statement, ““The court’s reduction of the punitive damages to $10 million, per Texas law, significantly reduces the damages awarded at trial.”

He added, “With the court’s issuance of final orders, entering judgment and reducing the punitive damages, we will now proceed with the appellate process. We remain confident that the trial verdict will be reversed on appeal.”

Johnson & Johnson and DePuy have been trying to put any future metal hip implant bellwether trial on hold while they attempt to appeal the trial process. However, Judge Kinkeade stopped the companies’ attempt to shut them down.

Because the third metal hip implant bellwether trial will raise different issues, and because J&J and DePuy have been warned about some of the issues they are now trying to raise, Judge Kinkeade wants the bellwether process to proceed.

He said, “Only after losing the second bellwether trial did defendants object to the process. There are more than 8,000 pending cases in this MDL; the court cannot grant a stay every time plaintiffs win a trial.”

This MDL was consolidated in May 2011 and now includes 8,000 cases which all involve the Pinnacle metal on metal hip replacement device.

In a motion on May 24, J&J and DePuy argued that there was a prejudice during the second metal hip implant bellwether trial because of evidence presented. The evidence brings inflammatory and “unsupported” speculation that cancer may be a result of the Pinnacle implants.

However, the Judge stated recently that he had warned Johnson & Johnson and DePuy that the plaintiffs would be allowed to raise contrary evidence.

In the first metal hip implant bellwether trial in October 2014 a jury’s verdict landed in favor of of J&J and DePuy. In this trial, the Ultamet hip replacement device was the issue and the plaintiff’s claims were rejected by the jury.

The judge rejected requests to halt the future proceedings, saying that doing so would be unfair to the plaintiffs considering their average age is 68.

The Depuy Metal Hip MDL is In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, MDL 2244, in the U.S. District Court for the Northern District of Texas.