Parker Waichman Notes: Third DePuy Pinnacle Bellwether Jury Selection Scheduled

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Jury selection for the third bellwether case in the DePuy Pinnacle multidistrict litigation containing over 8,000 cases, which has been organized in Dallas, Texas federal court, has been scheduled.

National law firm, Parker Waichman LLP, continues to evaluate potential cases involving metallosis (metal poisoning) and other alleged injuries associated with metal-on-metal hip implant devices and notes that jury selection has been scheduled to begin in federal court in Dallas, Texas for the third bellwether trial in the multidistrict litigation (MDL) brought over the Pinnacle metal-on-metal hip implant, according to a September 19, 2016 Reuters report. The DePuy Pinnacle litigation is In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Product Liability Litigation (MDL No. 3:11-md-02244) in the U.S. District Court for the Northern District of Texas. MDL 3:11-2044 and involves some 8,400 cases.


Plaintiffs were awarded $500 million in the second bellwether trial, which took place in March 2016. The $500 million award, however, was reduced by U.S. District Judge Ed Kinkeade from $500 million to $151 million so that Texas’ punitive damages statutory limit could be met, according to Reuters. The judge also denied placing subsequent trials on hold while J&J and DePuy appeal the 2016 verdict in the 5th U.S. Court of Appeals.


Metal-on-metal hips have been associated with high and premature failure rates and an array of alleged, adverse medical reactions. Parker Waichman also notes that its clients have long alleged that chromium and cobalt hip device debris has led to tissue death and increased blood metal ion levels. The firm points out that some alleged adverse reactions it has seen include, for example: Increased blood metal ion levels and metal poisoning; dislocations; pain; fracture; difficulty ambulating, rising, standing, and balancing; noise emanating from the joint; and pseudotumors.


In addition to this MDL, Parker Waichman LLP has represented clients in several multidistrict litigations (MDLs) and multicounty litigations (MCLs), including: • In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 2197) in the U.S. District Court, Northern District of Ohio • In re: Biomet M2a Magnum Hip Implants Products Liability Litigation (MDL No. 2391) in U.S. District Court for the Northern District of Indiana, South Bend Division. • In Re: Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation (MCL No. 296) in New Jersey’s Superior Court of Bergen County.


“Parker Waichman is committed to ensuring justice for individuals who were allegedly injured due to defective metal-on-metal hip implants,” said Keith Gitman, Managing Attorney at Parker Waichman LLP.


Not all medical devices are tested for safety before being released to market. This is a long-discussed, well-known issue in the system that has given rise to increased controversy, especially concerning metal-on-metal hips, according to Parker Waichman. In the United States, device makers may seek U.S. Food and Drug Administration (FDA) clearance through a 510(k) application should a device be substantially similar to a previously approved device. Under this clearance route, device makers must only file paperwork with the federal regulators and pay a fee, the firm notes.


Parker Waichman LLP continues to offer free legal consultations to victims of injuries allegedly caused by metal-on-metal hip implants. For questions concerning premature failure of, or other health problems associated with, a metal-on-metal hip implant, please contact the firm at its Defective Hip Implant page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).


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