DALLAS (KALB/Press Release) - Local law firm Neblett, Beard & Arsenault tells News Channel 5 that it has helped secure a $247 million verdict on behalf of six plaintiffs and four spouses who were seriously injured as a result of metal-on-metal hip implants.
According to the law firm, a Dallas federal court jury deliberated for three days and found that the defendants, Johnson & Johnson and DePuy Othopaedics, Inc. were responsible for paying damages.
The plaintiffs had been implanted with Depuy’s Pinnacle Acetabular Cup System Hip Implant. It was the fourth bellwether trial. In two previous trials, there were verdicts in excess of $500 million and $1 billion.
The firm said in over 9,000 lawsuits, it is alleged that the metal design of the Pinnacle Hip Implant causes the device to shed microscopic particles with the friction of normal use.
“This jury and others have spoken loud and clear…our hope is that the defendants are listening.” said Richard Arsenault.
The eight person jury found the defendants strictly liable for design defect, negligent design, strict liability for inadequate warning, strict liability for a manufacturing defect, negligent manufacturing, negligent undertaking, negligent misrepresentation, intentional misrepresentation to the plaintiffs’ implanting surgeons, fraudulent concealment from the plaintiffs’ implanting surgeons, and deceptive business practices.
“The jury listened carefully for nine weeks to explosive evidence which supported their verdict.” said Richard Arsenault who, along with Jayne Conroy, were key members of the trial team capably led by Mark Lanier. The Neblett, Beard & Arsenault team included Jennifer Hoekstra, Dawn Chmielewski, Dustin Carter and Ashley Caruso.