DePuy, J&J, Move for Judgment on Pinnacle Hip Design Defect Claims, Say No Alternative Design Exists

DALLAS — DePuy Orthopaedics Inc. and its parent, Johnson & Johnson, have moved for judgment as a matter of law on design defect claims in the fourth bellwether Pinnacle hip trial, arguing that plaintiffs have not shown there is a safer and feasible alternative design available on the market.

In a Nov. 12 motion filed in the U.S. District Court for the Northern District of Texas, the defendants further argued that the allegedly superior alternative design identified by plaintiffs — metal-on-metal polyethylene — was offered by DePuy to surgeons at all relevant times.

New York residents Ramon and Carole Alicea, …