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Pinnacle Hip Implant Claim Update

Posted by Sarah Showard | Dec 16, 2016 | 0 Comments

As you may have heard the third bellwether trial against Johnson & Johnson resulted in an award of $1.04 billion.

The trial lasted twelve weeks and involved the claims of six plaintiffs. The jury found that officials of J&J's DePuy unit knew the devices were defective yet failed to properly warn doctors and patients about the risk that they would fail. The verdict included $32 million in compensatory damages and the rest was punitive damages.

 As you are likely aware, the first trial resulted in a verdict for Johnson & Johnson and the second trial resulted in a $500 million verdict against J&J. There are currently approximately 8,900 lawsuits pending in the MDL.

 While we believe this verdict sends a strong message to J&J that they should look at getting these claims settled, the company continues to claim that the second and third trials were unfair as prejudicial information was admitted into evidence and has indicated that no settlements will be considered until the appeal process has been exhausted.   Following the second trial J&J requested an expedited appeal which was rejected by the Fifth Circuit court of appeals. J&J also requested that the third trial be postponed until after the appeal. That request was also refused. The next trial is scheduled for September 2017 and involves ten hip recipients.

If there is a settlement announced, in all likelihood only those individuals who have undergone revision surgery will be eligible to participate. Additionally in the ASR settlement, another J&J hip implant, compensation was only available to those individuals who had their revision within ten years of initial implant surgery.

Showard Law Firm will continue to post updates as any new developments arise in this litigation. Please feel free to contact us if you have any questions at 520-622-3344.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990. Sarah has a son, Benjamin, who recently graduated from The Gregory School and will attend ASU in the fall, with future plans to attend law school and eventually join Showard Law Firm. In her spare time Sarah enjoys horseback riding and spending time in Sonoita with her husband Peter.

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Showard Law Firm is dedicated to compassionate representation for our clients who have been injured by defective products, dangerous drugs or the negligence of any individual or company. We are experienced in litigation and ready to ensure you receive the maximum possible settlement for your injuries, medical bills, mental anguish and other losses.

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2016 marked the 10th anniversary of Showard Law Firm. After 18 years of practice, and a prior ten-year partnership, Sarah Showard and her longtime assistant, Maria De La Rosa, opened the doors of Showard Law Firm in October 2006. Sarah and everyone at Showard Law Firm is proud to serve Southern Arizona as the local law firm for defective drug and medical device claims and personal injury.