$502 Million Verdict in Medical Malpractice Case

A federal jury in Dallas ordered DePuy Orthopaedics to pay large damages to five Texans with defective hip implants.

 

The eight woman and one man jury deliberated for five days following a two-month trial before awarding $142 million in actual and $360 million in punitive damages. The five Dallas-area plaintiffs claimed that DePuy knew its hip implants were defective and misrepresented the device’s safety, allegations that are common in the 8,900 hip implant cases pending before U.S. District Judge Ed Kinkeade. Plaintiffs’ lead attorney says he hopes to try another hip implant case this fall.

 

For its part, DePuy has consistently denied these allegations for years. “We have no greater responsibility than to the patients who use our products, and our goal is to create medical innovations that help people live more active and comfortable lives,’ according to company spokesperson Mindy Tinsley. Attorneys for DePuy predicted that the Fifth Circuit Court of Appeals would overturn the verdict.

 

In October 2014, at the first so-called bellwether trial, a separate Dallas jury determined that DePuy was not negligent under similar facts.

 

Hip Implants

 

The human hip is a cup and socket joint that allows freedom of movement in several different directions. The first artificial hips which appeared in the 1960s had a metal socket and plastic cup. These PoM (plastic-on-metal) devices wore out after a few years and needed to be replaced.

As the years progressed, more adults over 60 remained active, putting additional strain on PoM devices. Metal-on-Metal (MoM) implants came along, and manufacturers like DePuy predicted that they would last for years before wearing out and provide nearly unlimited mobility. Implant makers often point to professional golfer Tom Watson, who at age 59 almost won the Masters with an artificial hip, as an example.

 

But problems soon appeared. Every time the patient takes a step, he friction between cup and socket causes microscopic metal fragments to flake off. Eventually, after enough of these fragments build up, the patients develop metal poisoning, or metallosis. This poison causes severe pain, and the inflamed tissue causes the devices to break, which causes even more pain and loss of mobility.

 

Damages in a Personal Injury Case

 

In Georgia, persons injured because of someone else’s negligence are generally entitled to their economic damages, which includes:

 

  • Property loss;
  • Missed work;
  • Medical bills; and
  • Rehabilitation expenses.

 

Victims are also entitled to future economic expenses, if, for example, they are disabled and unable to resume their former occupations.

 

Noneconomic damages are available as well, for items like:

 

  • Pain and suffering;
  • Loss of enjoyment in life;
  • Emotional distress; and
  • Loss of consortium (companionship).

 

The amount of noneconomic damages varies significantly, and basically depends on the severity of the injury and the tendencies of jurors in certain jurisdictions.

 

Punitive damages, which are designed to punish the negligent party and deter future wrongdoing, are also available, in some cases. Generally, plaintiffs must introduce clear and convincing evidence that the negligent parties did not care about the consequences of their actions. A punitive damage cap may apply.

 

Reach Out to an Assertive Attorney

 

For prompt assistance with a negligent claim from the Wade Law Offices, contact an experienced personal injury in Fayette County. You have a limited amount of time to act.