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Home/Legal & Regulatory and Reimbursement/Final Nail in JNJ’s $1.7 Billion Pinnacle Hip Lawsuit?
Legal & Regulatory and Reimbursement

Final Nail in JNJ’s $1.7 Billion Pinnacle Hip Lawsuit?

February 13, 2019 1 min read Premium comments

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Final Nail in JNJ’s $1.7 Billion Pinnacle Hip Lawsuit?
Lady Justice / Source: MaxPixel
Secondary#depuyorthopaedics#settlement#hipimplant#defective

DePuy, a Johnson & Johnson (JNJ)unit, has agreed to settle the majority of the individual consumer lawsuits that claim that the company’s DePuy Synthes metal-on-metal hip implants were defective and that the company misled patients about potential dangers.

Mark Lanier, an attorney for some of the 10,000 plaintiffs, said, “The parties have reached an agreement that hopefully will resolve most, if not all, of the litigation.” He indicated, “It’s still not a done deal, but we’re getting close.” The details of the agreement have not been released.

Following the announcement of the settlement talks, the jury that had been empaneled to hear most recent Pinnacle lawsuit was released. The case, In Re DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, 11-md-2244, U.S District Court, Northern District of Texas (Dallas), was brought by five Pinnacle hip implant recipients.

This announcement comes just two weeks after DePuy agreed to pay $120 million to settle the multistate lawsuits that alleged that the company made false claims and engaged in deceptive marketing for its metal-on-metal hip implant devices. (See OTW’s coverage here: Depuy Settles Hip Implant Suit for $120 Million.)

Over the past two years, plaintiffs have been awarded at least $1.7 billion in related defective hip implant cases. In August, a Texas judge awarded $246.1 million to plaintiffs in the bellwether case that claimed that the Pinnacle metal-on-metal hip implants led to injuries including bone erosion and tissue death and that JNJ made false claims when promoting the device. In December 2016, a Texas federal jury ordered JNJ and DePuy to pay more than $1 billion to six plaintiffs who claimed to be injured by the Pinnacle implants.

For more OTW coverage on the Johnson & Johnson/DePuy Pinnacle hip implant lawsuits see:

  • $400 Million Settlement Reported in Johnson & Johnson Hip Lawsuits
  • Depuy’s Pinnacle Metal-on-Metal False Claims Suit Revived
  • Johnson & Johnson Cleared of Witness Tampering in Pinnacle Case
  • Patients Win 3rd Pinnacle Hip Lawsuit in a Row
  • $1 Billion Jury Award in 3rd Pinnacle Trial
  • Depuy Scores Big Pinnacle Court Victory
React:

Discussion

14
DS
Dr. Sarah MitchellOrthopedic Surgeon · Mayo Clinic

This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?

8
JT
James Thornton, MDSpine Fellow · HSS

Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.

5
RP
R. PatelSports Medicine · Stanford

We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.

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