DePuy, J&J Move for Judgment on the Pleadings on Punitive Damage Claims in Pinnacle Trial

DALLAS — DePuy Orthopaedics Inc. and Johnson & Johnson moved for judgment as a matter of law on punitive damages claims in the 4th bellwether Pinnacle hip replacement trial, arguing that the plaintiffs failed to present evidence that it engaged in malicious or wanton misconduct in manufacturing and selling the device.

In a Nov. 13 motion filed before judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas, defendants note that in support of their punitive damages claims, plaintiffs point to alleged problems with its ASR and Ultima hip replacement devices.

Such evidence is insufficient, …