U.S. District Judge Ed Kinkeade in Dallas cited “constitutional considerations” that limit
how much plaintiffs may recover in punitive damages but upheld the jury’s findings that the
implants were defectively designed and that the companies failed to warn consumers about the
Around $500 million of punitive damages would be cut from the more than $1 billion awarded
to the plaintiffs who are California residents that were implanted with the hip devices and
experienced tissue death, bone erosion and other injuries they attributed to design flaws.
The complainants claimed the companies promoted the implants as lasting longer than devices
that include ceramic or plastic materials.
DePuy ceased selling the metal-on-metal Pinnacle devices in 2013 after the U.S. Food and
Drug Administration strengthened its regulations on artificial hips.
J&J and DePuy paid $2.5 billion that year to settle more than 7,000 lawsuits over its ASR
metal-on-metal hip devices.
(Radditional reporting by Nate Raymond in New York)
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