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.