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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

S & J Rentals v. Hilti, Inc. – A Win for KCT in Oklahoma

Today, a District Court Judge for the Northern District of Oklahoma issued an order granting our request to re-transfer a case back to California—a very rare occurrence. The case is S & J Rentals v. Hilti, a class action lawsuit

J&J Defense and DePuy Pinnacle Trial Verdict

John Beisner, an attorney for Johnson & Johnson’s DePuy, stated he expects the DePuy Pinnacle trial verdict to be a “pyrrhic victory for plaintiffs’ counsel” .

The J&J DePuy attorney’s position that this is a “pyrrhic victory” and that there are strong grounds for appeal is simply his opinion.  We know from DePuy’s prior history that they were going to appeal any verdict in the plaintiffs’ favor.  Whether or not they have strong grounds to have this verdict reversed or the judgment reduced will be a matter for the plaintiffs’ appellate team to work through.

As for the statutory cap, yes the punitive damage award will be reduced pursuant to a Texas law that limits the amount of punitive damages that can be recovered against a defendant.  The law in Texas is:
 
LIMITATION ON AMOUNT OF RECOVERY. (a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages. (b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of: (1)(A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000. (Texas Civil Practice & Remedies Code 41.008)

So, for example, in the DePuy Pinnacle trial, most plaintiffs received a compensatory damage award of about $27 million.  If the economic damages were $1 million and the non-economic damages were $26 million, the punitive damages should be capped at $2.75 million (i.e. two times economic damages plus non-economic damages up to $750,000).

On the other extreme, if the economic damages were $26 million and the non-economic damages were only $1 million, the punitive damages should be capped at $52,750,000.

This is similar to the medical malpractice MICRA cap in California – i.e., even where a California jury awards a plaintiff many millions of dollars in pain and suffering damages against a negligent doctor (because the jury is not told about the cap), the pain and suffering award gets reduced to a mere $250,000.

Since we don’t have the information yet as to how much the Texas jury awarded each of the 5 plaintiffs in economic damages, we don’t know by how much the $360 million punitive damage award will be reduced.

DePuy Pinnacle Trial Verdict and Your Case


Hi, I  am Stuart Talley.  I am  the partner responsible for the DePuy Pinnacle hip litigation.  I am doing this video today to provide an update  after receiving  lots of calls from people asking, “What does the verdict  in the DePuy Pinnacle Trial impact our claim?”

This  verdict puts  a lot of pressure on DePuy  and Johnson & Johnson to settle the pending cases  in the MDL.  There are approximately  8,000 people who have lawsuits on file. Some of these individuals have undergone revision surgery, and others have not.

In the past,  DePuy  took the position of  settling cases for people who have had revision surgery such as with the DePuy ASR.   DePuy’s mindset with the  Pinnacle is that they would never settle a case.  But this verdict  really puts pressure on them to take action.

I assume this verdict will  renew  settlement discussions.  I don’t think there have been  settlement  discussions at this point. Hopefully, this will bring DePuy to the table  to discuss possible resolutions  for these cases.  One thing to consider,  even if DePuy thinks they can win  95%  of these cases,  5 out  of 100  cases with  a $500  million dollar  verdict  could bankrupt this company.  So,  the  problem with this situation from DePuy’s standpoint is there are many cases they need to deal with.

If you have a  Pinnacle hip, I would  suggest you  give us a call especially if you do not have a case on file. It’s important to have a case on file to protect your legal rights  and to ensure you can participate in a settlement, should one occur down the road.

Breaking News: Jury Awards Plaintiffs $500 Million in DePuy Pinnacle Trial


Hi, this is Stuart Talley.  We have some  breaking news about the DePuy Pinnacle metal-on-metal hip trial currently pending in Dallas, Texas.  We received word the jury has come back with  probably the biggest verdict  in any hip case to date.

The verdict came back at $498  million dollars against Johnson & Johnson and DePuy.  This case was brought on behalf of  five individuals . If you look at the verdict, it was $498 million and approximately $360 million of that was punitive damages, and the rest was compensatory damages for each of the five plaintiffs.  The average compensatory verdict for these five plaintiffs was about $27 million dollars.

With respect to similar cases, that have gone to trial, this is by far the largest  compensatory verdict.  It’s also the largest punitive damage award to date.  Many attorneys, including myself, who have been watching this trial  are not really surprised by this outcome. The trial went very well for the plaintiffs.

The evidence that came out  was shocking  in regards to  what DePuy did with the Pinnacle hip. There were lots of emails and internal documents showing DePuy actively tried to conceal problems  with these hips from doctors . They engaged in nefarious  conduct  in terms of the marketing of  this product. There were allegations that clinical trials  were falsified, and advertising was based on these falsified clinical trials.  A  lot of doctors were bribed and given money to  use this hip and tell other doctors it was a great  deal.  Some doctors received millions of dollars. One of the main witnesses received  for the defense received over $7.5 million dollars in royalties from DePuy.

We have a verdict which is a positive development in the case  for plaintiffs.  Many have asked us, “What happens next?” I can tell you that DePuy has said they would never settle  these cases. This was the position they took  at the very beginning. They took the position that this hip was different than  their other metal-on-metal hip, the DePuy ASR.  The problem with not wanting to settle cases is that if you keeping getting hit with a $500 million dollar verdict, you cannot keep that up.  Johnson & Johnson has to  face that not only was there a $500 million dollar verdict in this case,  but also that there are  8,000 more cases. If DePuy keeps trying cases, and even if they win  90%  of those cases,  if they get hit with a $500 million dollar verdict  (every  one  of a  hundred  cases), that’s a large problem for the company.

So, this verdict puts a lot of pressure on DePuy : shareholders will  start to ask questions and they are under pressure to  resolve this.  The one concern I have is that Johnson & Johnson may have some hope in appealing this verdict and they will certainly appeal it. There were some controversial rulings by Judge Kinkeade, and they are thinking they can get this verdict overturned.  However, the issue for DePuy is that this  is a two year deal. It takes at least  two years for an appeals process of this  magnitude.  In the meantime, there are  upcoming trials.  Judge Kinkeade has indicated  that he wants  another five cases lined up for the Fall.  This puts a lot of pressure on DePuy to come up with a reasonable solution to this problem.

The other problem  is the defense costs.  When you defend one of these cases,  even if  Johnson & Johnson wins one of these  trials,  they are spending millions of dollars on each trial.  They spent millions of dollars on experts for this first trial. They have a team  of lawyers who are billing them $600-$1000 an hour  in the courtroom  everyday for  10 weeks. Those costs add up.

This verdict is very good for the plaintiffs .  It definitely is encouraging and hopefully will bring DePuy and Johnson & Johnson  to the table  to compensate people with  legitimate  claims. If you have a DePuy Pinnacle hip, and have questions about the trial and verdict, feel free to give us a call toll free at 888-997-5170 and we will get back to you immediately.  Thank you.

Defective & Dangerous Products

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CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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