No Sanctions for J&J with Pinnacle Hip Settlement

• July 26, 2019
• Verdicts and Settlements, Hip Replacements

Lawsuits against Johnson & Johnson for its failed Pinnacle hip device began in 2010. Since then, J&J has faced several federal jury trials over its Pinnacle hip device. While the company won the first trial in 2014; it lost three others afterward awarding plaintiffs more than $1.7 billion.

Pinnacle lawsuits were consolidated before U.S. District Judge Ed Kinkeade. Judge Kinkeade, who has been overseeing the cases since 2011, was asked to sanction J&J for misconduct. However, before the judge had a chance to review the motion, both sides reached a settlement agreement.

Bottom line, J&J did not receive any sanctions for misconduct due to this settlement agreement.

Laundry List of Questionable Conduct

The sanctions motion (below) details how J&J misled the Pinnacle trials, including claims of obstruction and improper conduct:

• Telling witnesses not to answer questions during depositions
• Deliberately being evasive during depositions
• Sandbagging the court with a barrage of last minute changes or requests
• Not abiding by agreement
• Blatant disregard and disrespect to and about the Court
• J&J never produced any of the documents related to a $120 million dollar deceptive marketing settlement with Attorney Generals of 46 states. The plaintiffs attorneys found out about the settlement through the media.

Information for You

• Sanctions Motion: Pinnacle Hip Supplemental Motion for Sanctions and to Compel and Incorporated Memorandum in Support Thereof
• Judge’s final order: Pinnacle Hip Order Granting Final Assessment
• Blog articles related to Verdicts and Settlements and Hip Replacements.

HOW CAN WE HELP YOU?

DO YOU NEED LEGAL ASSISTANCE?

The attorneys at Nash & Franciskato are experienced at representing those who have suffered the effects of metal-on-metal hip replacements. If you were implanted with a defective metal-on-metal hip implant, such as the Pinnacle device, and are having problems, contact us today for a free, no-obligation review of your case.

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Questions? Our knowledgeable staff is available at (877) 284-6600.

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