After seven weeks in a Dallas courtroom, a jury is now deliberating in the Pinnacle Metal on Metal hip trial. On Tuesday the lawyer for Kathleen Herlihy-Paoli urged the jury to hold Johnson & Johnson accountable for not warning patients that their DePuy Pinnacle metal on metal hips were defective. Attorney Mark Lanier accused the company of hiding the safety risks involved with metal on metal hips and misleading doctors about Pinnacle failure rates. Instead of warning patients, they marketed their product as a better choice for younger, active hip replacement patients. Lanier said that DePuy continued to “sell these things while they knew people were getting hurt.”
[callout1]The lawyers at Maglio Christopher & Toale, P.A. have traveled to Dallas to observe the legal strategy at trial throughout the past 2 months.[/callout1]DePuy Orthopaedics and parent company Johnson & Johnson have vigorously fought back saying there is nothing defective about their metal on metal hips, despite evidence showing high levels of metal ions shedding into the bloodstream from their MoM hips. Johnson & Johnson is currently in the middle of a $2.5 billion settlement over the DePuy ASR metal on metal hip.
The lawyers at Maglio Christopher & Toale, P.A. have traveled to Dallas to observe the legal strategy at trial throughout the past 2 months. Our firm believes “being there” gives our clients an advantage in future litigation with J&J and DePuy Orthopaedics. “There is nothing like being in the courtroom to personally analyze the other side’s legal maneuvers: How they address the jury; the tone in their voice when questioning a witness. Those elements are the things that a jury hears, sees and processes. That’s why we felt it necessary to be there in person,” says Managing Partner Altom Maglio. It’s a commitment that few, if any, other hip replacement law firms have made on behalf of their clients.
[callout1]It’s a commitment that few, if any, other hip replacement law firms have made on behalf of their clients.[/callout1]
“Our firm filed the very first metal on metal hip replacement lawsuit in the United States back in 2008,” says Mr. Maglio. “We have been one of the leading law firms fighting for hip replacement clients since the beginning of this era of defective MoM devices, and will continue to be on the front lines of this fight.”
While there is no way to tell how long it will take the jury to decide this case, our attorneys believe a verdict by the end of the week would not be unreasonable.