Lady Justice / Source: MaxPixel

DePuy, a Johnson & Johnson (JNJ)unit, has agreed to settle the majority of the individual consumer lawsuits that claim that the company’s DePuy Synthes metal-on-metal hip implants were defective and that the company misled patients about potential dangers.

Mark Lanier, an attorney for some of the 10,000 plaintiffs, said, “The parties have reached an agreement that hopefully will resolve most, if not all, of the litigation.” He indicated, “It’s still not a done deal, but we’re getting close.” The details of the agreement have not been released.

Following the announcement of the settlement talks, the jury that had been empaneled to hear most recent Pinnacle lawsuit was released. The case, In Re DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, 11-md-2244, U.S District Court, Northern District of Texas (Dallas), was brought by five Pinnacle hip implant recipients.

This announcement comes just two weeks after DePuy agreed to pay $120 million to settle the multistate lawsuits that alleged that the company made false claims and engaged in deceptive marketing for its metal-on-metal hip implant devices. (See OTW’s coverage here: Depuy Settles Hip Implant Suit for $120 Million.)

Over the past two years, plaintiffs have been awarded at least $1.7 billion in related defective hip implant cases. In August, a Texas judge awarded $246.1 million to plaintiffs in the bellwether case that claimed that the Pinnacle metal-on-metal hip implants led to injuries including bone erosion and tissue death and that JNJ made false claims when promoting the device. In December 2016, a Texas federal jury ordered JNJ and DePuy to pay more than $1 billion to six plaintiffs who claimed to be injured by the Pinnacle implants.

For more OTW coverage on the Johnson & Johnson/DePuy Pinnacle hip implant lawsuits see:

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34 Comments

    1. Anthony Pacella I wonder the same thing.. I saw something ridiculous on some sight that said $125,000 a hip.. I think that is laughable..

      1. My Atty said $125,000 if a liner and head were replaced. When I got paperwork from the atty it says $100,000 which is absurd. If you have both hips done than you would get $200,000. Minus atty fees, any liens and y or net gain is a lot less. I’m trying to get my second hip revised but I have had a bacterial infection since last Oct. I will be having a conference call with my atty on April 8th to find out how they handle cases where the hip revision comes after the settlement.

        1. My mother had her Pinnacle implant in 2010. Started to dislocate the first year. Had metal poisoning complications such as severe headaches putting her in the hospital. 2 heart attacks and the list goes on. The hip implant was so infected. Muscle tissue removed. I mean I could write all day her complications. She almost died! My husband and I have to take care of my mother now. Continuous care. My mom was a very active outgoing woman before this tragedy. Been waiting years for some kind of settlement for all she has been through. Lawyers stringing us along. Making it sound as if something good would be coming her way for all she has been through. Yeah. So much for that! Got an offer to settle for 104,000 2days ago. After lawyer fees and what the insurance company wants plus loosing her Medicare for this chump change she would be left with probably nothing. It is a disgusting disgrace what this company has done to human beings all over the world! Something needs to be done. If she doesn’t accept this offer does anyone know how to find help to take this to trial? I’m at a loss. What does she do?

  1. I hope it’s a better or at least equal to the ASR settlement Ian pretty sure they will be going by ASR settlement guidelines.I hope the offer comes soon I been waiting 6years

    1. My lawyer said it won’t be as much as the prior hip cases because the other hips were actually recalled where the pinnacle wasn’t.

  2. Going on 9 years 3 surgeries an a sepsis infection that almost took my life. 10 days in a hospital with a pic line in my chest is worth more than anything they could settle for. Remember you don’t have to except the settlement offer.

    1. I had my first of 2 hips revised last April. It got infected after I had been home about 9 days. I became septic like you and wound up with having to have 2 more surgeries in the next 2 weeks and also went home with a PICC line and a Wound Vac for 6 weeks. Then I went to oral antibiotics until Feb 2019. The Metallosis from the hips destroyed my immune system. I have been trying to set up the 2nd hip revision but I have had an Upper Respiratory infection since last Oct. No surgery until infection is gone.

  3. I had the initial hip implant in 2008, 2011, it literally was coming a part inside my hip, another surgery in 2015, 3 surgeries no justice yet

  4. As Chairman, CEO at JOHNSON & JOHNSON, Alex Gorsky made $22,843,420 in total compensation. Of this total $1,600,000 was received as a salary, $3,598,382 was received as a bonus, $5,054,398 was received in stock options, $12,354,361 was awarded as stock and $236,279 came from other types of compensation. This information is according to proxy statements filed for the 2017 fiscal year.

  5. 7 years I’ve suffered;, 2-step revision surgeries, cobalt poisoning with levels 9x acceptable levels,, pic lines needed for both revisions, lost 90 lbs.in slightly over 12 months. neurological body myocitis resulting in loss of over 70% muscle mass, and dysphasia achelasia….which has made swallowing extremely difficult. I’VE SUFFERED ENOUGH ! They need to pay !!!

  6. I’ve written two comments and both have not been published. Do I have to subscribe to your site in order to share ?? That’s a shame

  7. I contacted my attorney and this is part of what he sent me I don’t know if this is common knowledge but I would suggest you contact your attorney and ask some questions:
    This past December, DePuy reached out to us (and a lot of other plaintiff attorneys apparently) with a settlement offer but the problem was it is that it came with lots of caveats and conditions . So many in fact that under the terms a plaintiff would only be guaranteed $20,000. We told DePuy that a guaranteed $20,000 was a nonstarter for us. We then told DePuy we wanted to proceed with the bellweather trial that started on Jan 25, 2019. On the 26th or so – in the middle of trial – DePuy then came to us a second time saying they wanted to talk settlement. As a result of these talks, we are optismstic that something will get done.

    Apparently however DePuy has represented that they got 3,300 individuals to agree to the deal they offered us in December (i.e. plaintiffs would be guanteed $20,000) that we rejected. Mind you, they claim to have gotten 3,300 people to agree to that deal. We’ve asked around and have yet to find any other atty who did accept that deal but DePuy put out a press release saying they got 3,300 to agree to it.

  8. 11 years I’ve waited. Cobalt blood levels at 35x, Chromium at 7x. Eight surgeries, permanent limp ( at least I can limp). My hip made metal squeaking noises( think of an unoiled gate). 2 pic lines, twice infected. 4 revisions…12 years on opioid meds…..yes, it’s time for these folks to choose humanity over profits. They kept marketing and selling even after they knew of its failure history…..do the math…how many will sue, less how many will die in the years before settlement, times the forecast settlement amounts vs. profits on unit sales….

  9. $20,000? Slap in the face…I haven’t suffered as much as some of you have on my original and revision pinnacle surgery, but I was only 47 when I had my hip replaced the first time around. Who knows what kind of health issues I’ll have in the future?

    1. I know that is what I worry about. I was 23 and went through 2 total hips and 3 dislocations within one month. I’m where you are. What is to come because of all of this?? Thank God that God is Good

  10. My lawyer called with a ridiculous settlement amount. $100k, minus 30% to my lawyer for getting my file together and forwarding it to get me in the MDL, minus an additional $3.5k to my lawyer for “paperwork” (apparently the thirty grand they got for doing next to nothing wasn’t enough) minus $25k to the trial lawyers (out of my cut, of course). That leaves me with ~$40k, out of which I have to reimburse the insurance company. We will literally be left with next to nothing-if NOT nothing-if we accept the trash settlement offer.

    1. I personally believe people being offered a settlement now are in the first 3300. Mark Lanier said the settlement would not be done until the end of the year. I truly think a bunch of lawyers decided to grab a quick settlement outside of the 10000 people in the original Mdl. I want to wait until everyone has settled to see what the final offer is. I think the first 3300 are getting lowballed. Just my opinion

  11. Had my hip put in 2003. Have had pain ever since. Have been trying to get it out since 2012. I guess I have the miraculous hip. Metal levels 4x higher than the Mayo Clinic allows. I guess I’m the test case. Need help!!! Please. I live on pain pills.

    1. My wife died to. After 13 surgeries in 8 years on one hip infection took over for 6 years finally she passed away because of it I hope they decide to settle with something large enough to make it worth it which is never going to be. She never did get any relief. They put four recalled hip in her nothing worked

      1. I have had three surgeries on my hip, I had a lot of infection, also had large elevations of chromium and cobalt, I have lost muscle tissue, and have no strength in my hip and have continually pain around the clock and every time I take a step pain shoots through my hip, and I have to exercise everyday just to keep from being in a wheel chair!! The amounts they’re talking of settlements, I definitely won’t accept, and we will go to court!!

  12. My wife died from the metallosis poisoning. If she lived, she would have been in a wheelchair because the tissue around the hip was destroyed. The flesh was black. No amount of money would compensate for the pain she suffered. And a $125,000 offer minus lawyer fees is an absolute insult!!!

  13. The FDA has just approved tons of medical devices thru the 510k process beware I can only imagine what’s coming next . I have a husband that has suffered severely . Anything you name he has gone thru . I feel so helpless I read and talk to others but I can’t find a solution . If I ever do I will shout it out to all . We all seem disposable to this Government . The States got 120 million for deceptive practices . Has anyone been told they will help some victims with those funds. NO is the answer . God Bless you all .

  14. A revision of my 3/25 entry……my pinnacle implant elevated my cobalt level 90x (not 9x) God Bless all others that have suffered this travesty.

  15. 5 replacements, metalosis counts higher than my doc has ever seen, 6 dislocations, MRSA, and numb foot after last surgery. Compensation must be fair, or won’t accept it.

  16. John: Same exact thing happened to my mother-in-law…And you’re right – 125K is an insult minus attorney fees. Another question all should ask before the settlement is how much the insurance companies will take…I had won 150K on a case and ended up with 35K after insurance company and lawyers collected their fees. Google: United Healthcare/Ingenix or just Ingenix…I’m just reading this now… people have been filing suits against them and winning.

  17. I’ve had 70 surgeries on my hip I’m in rehab now with no hip. Due to an infection. I was told by my lawyer they took 3 thousand cases nothing yet. But she said that with me being in rehab going through this that they won’t count this. Why not. This is the worst one bye far

  18. If everyone declined the low ball offer of 125,000 then they would come up in price . This is so criminal what these company’s are getting away with . Resist and fight for yourself . This hip was not recalled because J & J refused to recall . They said recalling the ASR was a mistake never to be repeated . I wish you all good health and a solution to your problems . Don’t let a big company bully us Please

  19. I had my hip implant August 2002 mom. It dislocated three times before they did new total hip replacement. I had 2 total hips on left side in less than a month. I was only 23 yrs old. Depuy ruined my whole young adult life. I never got to know what it was like to be a normal young adult. They have caused us all so much harm. They should want to make it right. Karma is real, one day they themselves will feel what its like to suffer.

  20. Hello
    My dad had a hip replacement ( bottom and top part of his left hip) in 2010.
    There are very big complications now and he is in panic.
    He has health issues and GREAT DIFFICULTY as his hip has suffed serious side effects due to the metal implant and other health issues.

    Who do i contact can someone please help

  21. I’ve had both mine replaced. One when I was 42 and the other when I was 43. The right was redone 3yrs ago because the metal ions got too high in my blood and I was having popping/clicking. I’m 56 now. If that’s all they’re offering, they can go get fkd! J&J are nothing but money grabbing crooks.

  22. My husband, Craig, suffered terribly through two revisions, infections, as well as a Thyroid Cancer that is said to be linked to high metals in blood. Although he is gone from the complications, his suffering endured at the hands of these device companies will not go unpunished!

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