- Earlier this month, a federal jury in Dallas returned a verdict against DePuy Orthopedics, the manufacturer of the Pinnacle hip replacement device, awarding the six plaintiffs in the lawsuit more than $1 billion in damages. The Pinnacle hip implant device is a metal-on-metal device that has been linked to serious injuries in patients who received the implant. Among the many injuries reported following implantation, metallosis or metal fragments in the blood stream are among the most common. Other injuries reported include severe pain, instability, and complications requiring revision surgeries.
According to the jury in the Dallas case, DePuy’s metal-on-metal device was designed in a defective manner, and the company failed to provide appropriate warnings to patients regarding the risks that the device poses. One of the lawyers for the plaintiffs informed news sources that the verdict was decided with $32 million for compensatory damages and the remainder reflecting punitive damages. Compensatory damages are damages reflecting direct costs and monetary expenses that the plaintiffs incurred as a result of the defendant’s conduct, including medical bills. Punitive damages are an entirely separate category of damages that are purely intended to punish a defendant’s willful, reckless, and wanton conduct while discouraging similarly situated parties from acting in a similar manner.
The plaintiffs were comprised of six individuals from California who were implanted with the Pinnacle device. They reported a number of serious injuries associated with their devices, including bone erosion and tissue death. According to their complaint. the plaintiffs were informed that the metal-on-metal device was a longer-lasting solution than traditional ceramic hip implants or plastic devices. Sources have also revealed that prior to the trial, DePuy rejected a $1.8 million settlement offer by the plaintiffs.
DePuy has already expressed its intent to appeal the verdict. Currently, the company is facing some 8,400 lawsuits from other plaintiffs, alleging that they suffered serious injuries as a result of receiving a Pinnacle hip implant device. These lawsuits contain similar product liability claims. In a product liability cause of action, the plaintiff must show that the defendant designed the device in an unreasonably dangerous manner. The standard that is used to determine whether the danger is unreasonable is different in each state. Some states require plaintiffs to show that the danger is greater than what a reasonable consumer would expect it to be, while others impose a balancing test that compares the benefit of the chosen design against its risks.
If you have suffered injuries as a result of a dangerous medical device, you may be entitled to compensation. At Moll Law Group, our lawyers have assisted many victims across the United States with seeking the compensation they deserve for their injuries and damages. Having assisted clients in New York, Florida, and Texas, among other states, our DePuy attorneys have the experience it takes to determine the appropriate standard that will apply to your case and to assist you with gathering the wide variety of evidence you will need to support your claim. We offer a free consultation to help you learn about your legal rights and options, so call us now at 312-462-1700 or contact us online to get started.