First Verdict in J&J DePuy Hip Implant Trials: $8.3 Million
The verdict is in: A California jury has awarded $8.3 million to the plaintiff in the first Johnson & Johnson DePuy hip implant case to make it to trial. The jury found that the ASR metal-on-metal hip implant was negligently designed and that the defective design caused injury. It did not, however, award punitive damages since it believed that DePuy took steps to warn of the risks of the hip implants.
This is the first of thousands of hip implant cases against Johnson & Johnson. The second trial began today in Chicago. While personal injury courts do not have to award the same amount of money to each plaintiff with similar injuries, these beginning trials will set the stage for future verdicts.
In fact, we may be able to expect even larger verdicts. The plaintiff in the California DePuy hip implant case had many other illnesses, including diabetes, cancer and heart disease. A healthier plaintiff may have an easier time convincing the jury that the implant caused serious injuries. Furthermore, there is evidence that Johnson & Johnson knew about problems with the ASR metal-on-metal hip implant long before the company recalled it.
During the California hip implant trial, the plaintiff's legal team unearthed documents from consulting surgeons that recommended that Johnson & Johnson stop marketing the DePuy hip implants. There was also a study out of Australia showing that 44 percent of the implants failed within seven years. This kind of information, put into the right jurors' hands, could lead not only to a large general damage award but also punitive damages against Johnson & Johnson and DePuy.
If you have been injured by a DePuy hip implant, there may still be time to bring a lawsuit to recover compensation for your injuries. Learn more by visiting our page on the DePuy hip replacement recall.