First DePuy Orthopaedics Pinnacle Trial Completed, Parker Waichman LLP Comments

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Trial ends in defense verdict in the first of thousands of lawsuits brought over Johnson & Johnson’s DePuy Orthopaedics metal-on-metal Pinnacle hip replacement device.

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“Parker Waichman LLP represents many plaintiffs in the Pinnacle multidistrict litigation (MDL) and, although this was not the outcome we had hoped for, we continue to fight for justice for those who allege injuries over the device,” said Gary Falkowitz.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that the first lawsuit brought to trial over Johnson & Johnson’s DePuy Orthopaedics all-metal Pinnacle hip device has ended in favor of the defendants. The case is Herlihy-Paoli v. DePuy Orthopaedics Inc., 12-cv-04975, U.S. District Court, Northern District of Texas (Dallas).

The plaintiff, a 58-year-old graphic designer from Montana, alleged in her lawsuit that she was implanted with two metal-on-metal Pinnacle hip devices in 2009. Soon after, she began to experience pain. The lawsuit alleged that the Pinnacle devices released cobalt and chromium into her body, leading to an infection that necessitated revision surgery to have the devices removed. She underwent the surgery in 2001, according to the lawsuit. (Herlihy-Paoli v. DePuy Orthopaedics Inc., 12-cv-04975, U.S. District Court, Northern District of Texas [Dallas])

The case, which ended after three days of jury deliberation totaling 12 hours, is the first of more than 6,800 brought over the all-metal Pinnacle hips to reach trial. The all-metal Pinnacle devices were not part of the 2013 $2.5 billion settlement of claims made over the DePuy ASR metal-on-metal hip devices, which were globally recalled by Johnson & Johnson in August 2010. Some 93,000 ASRs were recalled and the device maker indicated a 12 percent failure rate within five years. (In re DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation, No. 1:10-md-02197-DAK, settlement administrator assigned [N.D. Ohio, W. Div. Nov. 22, 2013]).

“Parker Waichman LLP represents many plaintiffs in the Pinnacle multidistrict litigation (MDL) and, although this was not the outcome we had hoped for, we continue to fight for justice for those who allege injuries over the device,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “We believe that the DePuy metal-on-metal implants were advertised with a number of unkept promises, included increased longevity and range of motion. Many people have had to undergo painful revision surgeries due to early device failure.”

Parker Waichman LLP also continues to offer free legal consultations to victims of DePuy Pinnacle and other metal-on-metal hip implant injuries. If you or a loved one have experienced premature failure of your implant, or other health problems associated with the Pinnacle or other metal-on-metal hip replacement device, please contact the Firm at its DePuy Pinnacle hip implant lawsuits page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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