The surprise verdict in the Dallas, Texas Pinnacle hip trial has a lot of people worried. But here’s the reality: This was one trial, one jury, one verdict. This is only the beginning. There are thousands of victims waiting for their turn in court. And here’s the good news: This trial uncovered Johnson & Johnson’s entire legal strategy. We now know exactly what their game plan looks like. The attorneys at Maglio Christopher and Toale, P.A. spent weeks sitting inside the Dallas courtroom observing the defense’s every move. Our firm believes being there gives our clients an advantage in future litigation with J&J.
What we’ve learned is that DePuy’s strategy is to aggressively blame doctors for the problems with their defective Pinnacle hips. First, they targeted accomplished British orthopedic surgeon Tony Nargol. Next, they targeted Dr. John Irving, a board-certified, Mayo Clinic trained, orthopedic surgeon who is an assistant professor of orthopedic surgery at the Yale University School of Medicine. Dr. Irving was concerned about his experiences with the hip’s failure rate and told DePuy about it repeatedly. At trial, the company said Dr. Irving himself was the reason for the failures. Finally, they attacked Dr. David Allmacher. He’s the surgeon who implanted Kathleen Herlihy-Paoli’s Pinnacle hips. DePuy said Dr. Allmacher did not properly position the implants, causing them to fail.
Eventually, Johnson & Johnson and DePuy Orthopedics are going to run out of doctors to blame for their defective Pinnacle metal on metal hips. It’s unreasonable to believe that thousands of highly skilled surgeons are so incompetent that they cannot properly implant these hips. The Pinnacle hip debacle is about the failure of a defective product, but the real problem is a failure of ethics by Johnson & Johnson.
The attorneys at Maglio Christopher and Toale, P.A. are not concerned about last week’s verdict.
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