It’s been a little over a month since DePuy Orthopaedics and its parent company, Johnson & Johnson, were handed a $1 billion verdict over their metal-on-metal hip implant system that has been known to shed metal debris.
The federal jury found J&J responsible for failure to warn about the potential hazards linked to their hip implant products in the third bellwether trial of the multidistrict litigation (MDL). The verdict covers $30 million in damages and $1 billion in punitive damages.
J&J and DePuy now plan to appeal the verdict, claiming they were not allowed to “properly and fairly defend against the allegations” and say they are “committed to a long-term defense of the allegations,” according to the SE Texas Record.
Mindy Tinsley, spokeswoman for DePuy, declared in a statement that there was “not a new scientific study or technical assessment of the safety of ULTAMET Metal-on-Metal,” and therefore the jury didn’t arrive at a fair verdict. “The product continues to perform well for many patients.”
However, thousands of patients claim the devices outright failed for them, resulting in severe pain and dangerous medical problems such as cobalt poisoning, damage and death to the surrounding tissue, bone erosion, and excruciating revision surgeries.
In the latest case, where six individual cases were consolidated, the jury found the defendants were negligent in designing the hip replacement and they didn’t warn doctors and patients about potential product issues. The jury also found J&J and DePuy were negligent in recalling the device when necessary, and weren’t honest in their representation of the device’s effectiveness to either physicians or their patients.
Source: SE Texas Record