With trials not scheduled to get underway until September 2014, many DePuy Pinnacle hip replacement plaintiffs are closely following the legal proceedings involving the ASR hip replacements that were recalled in August 2010. Although the ASR cases far outnumber those filed by Pinnacle plaintiffs (approximately 2,700 to date), those who have been injured by the Pinnacle are eager to see how the first trials involving ASR plaintiffs are decided.
Two Trials Underway, Rumors of Proposed Settlement
The first two ASR trials began last month: the first in Los Angeles state court; the second in Chicago state court; and the third scheduled to begin in May. These cases are just a tiny fraction of the total, which includes over 7,200 cases in a federal multidistrict litigation (MDL) pending in an Ohio federal court, another 2,000 in a California state court, and others filed in state courts nationwide.
The legal community, as well as the mainstream media, is keeping a close eye on the proceedings as daily reports of testimony by expert witnesses have revealed predictions of high failure rates, lack of oversight, and failure to warn consumers of the dangers associated with metal-on-metal hip replacement devices. The evidence against Johnson & Johnson (J&J), the parent company of DePuy is so strong that there are rumors that the company is planning to negotiate a $2 billion settlement with ASR plaintiffs, according to an article published by Bloomberg.com on January 18, 2013.
The settlement offer, as reported by Bloomberg, would give plaintiffs approximately $200,000. Lawyers have rejected the offer as “too low,” but talks are expected to continue as trials progress and verdicts are rendered. An attorney not participating in the litigation commented in the article, “The company can’t afford to defend these lawsuits case by case. J&J needs to shut this down. The only way they can do that is through a global settlement. Plaintiffs’ lawyers know that. That’s why everybody has to push to see what they can get.”
The ASR implants have received far more publicity than the Pinnacle devices; the global recall has affected about 93,000 hip replacement recipients, 37,000 of whom are in the United States. Pinnacle recipients, however, should not hesitate to exercise their legal rights to pursue compensation for injuries suffered, along with reimbursement for medical costs and lost wages, even though the Pinnacle devices have not been recalled.
The Rottenstein Law Group Advocates for Individuals Implanted With DePuy Pinnacle Hips
Those patients who have been implanted with hip replacement devices manufactured by DePuy are in need of compassionate legal representation to ensure they receive compensation for lost income, medical expenses, pain and suffering, and other damages. The attorneys of the Rottenstein Law Group have been helping injured consumers recover losses stemming from dangerous drugs and defective medical devices for more than 25 years altogether. If you believe your DePuy Pinnacle hip implant is to blame for your pain, difficulty walking, and other symptoms, it’s in your best interest to discuss the matter with a member of RLG.
To receive a free, confidential case review, fill out our contact form or call 1-800-624-9568.
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