Why the Jury Found Against Johnson & Johnson and DePuy Orthopaedics

After deliberations, the jury concluded that Johnson & Johnson and DePuy had negligently designed the Pinnacle hip implant, failed to warn surgeons about the dangers related to the hip implant, and hidden the dangers associated with the hip implant.

Accordingly, the companies were held accountable for seven causes of action, including:

• Negligent design defect.
• Negligent failure to warn.
• Strict liability failure to warn.
• Failure to recall.
• Negligent misrepresentation.
• Intentional misrepresentation.
• Fraudulent concealment.

Johnson & Johnson was also found to have aided and abetted DePuy on each of these seven causes of action and was found liable for conspiracy on each cause of action except for negligent design defect.

What the $1 Billion Verdict Includes

The verdict will make a significant difference for the people who were hurt by their Pinnacle hip implants. The jury’s $1.04 billion verdict included:

• $4 million plus medical costs for each of the four plaintiffs who had single hip replacements.
• $6 million plus medical costs for each of the two plaintiffs who had both hips replaced.
• $1 million to each of four spouses for loss of consortium.
• $168 million ($84 million against DePuy and $84 million against Johnson & Johnson) in punitive damages to each of the six plaintiffs. Punitive damages were awarded because the jury found the companies acted with fraud or malice.

Throughout the case, attorneys for Johnson & Johnson and DePuy fought against the plaintiffs’ claims and tried to protect the large pharmaceutical companies from having to pay for the injuries suffered by the people who were hurt. The companies, through their lawyers, have already stated their intent to appeal this decision.

Neblett, Beard & Arsenault Is Committed to Helping People Hurt by Pinnacle Hip Implants

This is not the first time that Neblett, Beard & Arsenault has represented patients who have been hurt by Pinnacle hip implants. In a previous Bellwether case against Johnson & Johnson and DePuy, our firm was part of the legal team that represented five plaintiffs hurt by Pinnacle hip implants. The jury in that case awarded the plaintiffs $502 million.

Neblett, Beard & Arsenault has been at the center of the Pinnacle hip replacement litigation since the multidistrict litigation (MDL) was formed in late 2011. Our lawyers work on behalf of the approximately 8,800 plaintiffs involved in the MDL, and we directly represent more than 200 plaintiffs, including three who recovered damages in this case.

The plaintiffs are represented by Richard J. Arsenault of Neblett, Beard & Arsenault; W. Mark Lanier of The Lanier Law Firm; Jayne Conroy of Simmons Hanly Conroy LLC; Khaldoun Baghdadi of Walkup Melodia Kelly & Schoenberger, among others. Also on the Neblett, Beard, and Arsenault Trial Team are attorneys Dustin Carter, and Dawn Chmielewski.

This Was Not the First Case, and It’s Unlikely to Be the Last

A hip replacement is a big decision, and one that each patient expects to improve the quality of his or her life. When that doesn’t happen—when the very hip implant device that was supposed to improve your life instead makes you sick—it can be terrifying.

Fighting for a fair recovery from a medical device giant like Johnson & Johnson can be intimidating; but now is not the time to give up. Instead, we encourage you to contact Neblett, Beard & Arsenault. Learn more about your rights and about whether you may have a potential claim against the pharmaceutical company. If you do have a claim, then our lawyers will help you fight for the fair and full recovery that you deserve.

An 18-wheeler, owned by a freight company, rear-ended the trailer and vehicle our client was riding in resulting in a horrible truck accident. Our client’s truck was pushed into the median and causing the vehicle to overturn. The driver of the 18-wheeler said that, at the time of the accident, he was looking down to retrieve his beverage and was unable to slow down in time once his eyes were back on the road. He was ticketed for careless operation by the investigating law enforcement officer.

Client Injured and Unable to Return to Work After Truck Accident

Our client suffered severe back injuries in the accident and underwent surgery for a disc bulge and spinal stenosis. The neurosurgeon concluded that future discectomy, spinal fusion, bone graft, and instrumentation surgery may also be appropriate. Our client’s pain was treated with lumbar medial branch block injections, and he has been seen by a pain management doctor for continued back pain, aching, and radiating pain that limits his ability to function and get around. Our client was also diagnosed with major depression and anxiety, secondary to his chronic pain. His work experience before the accident was largely in the oil field. After the accident, our client was unable to return to work, and a vocational expert through workers’ compensation was unable to obtain a job for him through job-search efforts.

Our Attorney Supports Client’s Claims After Freight Company Denies Liability

The client reached out to Neblett, Beard & Arsenault for help. We immediately went to work on the client’s case. The freight company fought the client’s claims and disputed its liability, instead blaming the accident on the driver of the vehicle our client was in at the time. The case was complicated by a difficult discovery period and extensive medical evidence.

While out of work and waiting for his case to resolve, our client had trouble caring for and supporting his family while keeping up with bills and expenses. Along with building a strong case on his behalf, we guided the client through the delays and complications in the case and reassured him. He talked with the client on the phone and met with him at his house. We made sure that our client got his questions answered and that he was able to get his bills paid while he was recovering from his surgeries. We were happy to talk with the client and offer guidance. Our team understands that it is very stressful for someone, who has been very active in life as a manual laborer, to now be stuck at home and out of work, as well as the stress it puts on families.

With our help, our client’s case ultimately settled for $300,000, including his lost earnings and benefits, future losses, and other damages. Workers’ compensation was convinced to waive a lien of $164,828.

When traffic accidents happen at work, it can be difficult to figure out who is responsible and what happens next.

Have You Been Injured In A Louisiana Truck Accident?

If you’ve been injured in a truck accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Back and Neck Injuries Cause Long-Term Pain and Inability to Work

Our client was very seriously hurt in the wreck, and she required multiple surgeries for injuries to her neck and back. These surgeries included placement of screws and hardware. The client also suffered with some post-surgical complications with infection and wound drainage. Along with the surgeries and surgical consultations, she also needed many follow-up appointments to monitor the progress of her recovery.

Our client, even post-surgery, continues to have ongoing issues with pain. The pain limits her ability to function and engage in the normal daily activities she had performed before the accident, even with pain-management treatment. Our client had largely been employed in manual heavy labor and fast-food positions in the past. In a comprehensive vocational rehabilitation evaluation, the doctor concluded that she is not a viable candidate for vocational training or academic degree programs, and that she was indefinitely unable to work.

Neblett, Beard & Arsenault Helps Client Settle Her Truck Accident Case

The client was out of work and struggling with her injuries and medical bills after the accident. She contacted Neblett, Beard & Arsenault to help her with her injury case. We immediately started investigating her case and filed a lawsuit on her behalf. To help get answers and support her claims, we talked with law enforcement officers, as well as other experts. Over the course of her case, we deployed numerous experts, including accident reconstructionists, mechanical engineers, vocational rehabilitation experts, economists, and others. We made sure the client was as comfortable as possible, and he made sure her everyday needs were being met until he could resolve her case.

Ultimately, the client was able to recover compensation for her injuries and the impact on her life. Her case settled in mediation for $700,000, which included her lost wages, medical bills, and lost earning capacity. Both the firm and the client were satisfied with the result.

Have You Been Injured In A Louisiana Truck Accident?

If you’ve been injured in a truck accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

$4.5 million recovery for a retired woman who suffered brain injury when the vehicle in which she was a passenger was involved in a collision with an 18 wheeler. The case involved negligent truck drivers and also breach of the duties imposed on motor carriers by the Federal Motor Carrier Safety Regulations.

Damage to Truck and Equipment Interferes With Father’s Ability to Care for Ill Child

Jessie worked in the lawn maintenance business. He was used to working long hours—six or even seven days a week—to help provide care for his daughter with leukemia. He was no stranger to stress. However, one car accident was enough to change his life in an instant. The collision had severely damaged the truck, trailer, and commercial lawn equipment that he depended on to do his job and provide for his family. His daughter’s leukemia treatments were not covered by his health insurance, so his ability to work was directly tied to her ability to get the treatment she needed. Jessie knew he was in trouble, but he also knew exactly who to call about an unexpected tragedy.

Jessie reached out to us from the scene of the accident. Attorney Wes Gralapp helped he and his children calm down after the shock of the accident, and he talked them through the initial steps they would need to take to deal with what happened. After speaking with Wes, Jessie had complete confidence that Neblett, Beard & Arsenault would take care of everything, so that he could take care of his daughter.

Neblett, Beard & Arsenault Makes Sure Father Can Continue to Provide for His Family

We immediately went to work for Jessie, focusing on rentals, repairs, and replacement. We were able to help him quickly rent a truck and the necessary equipment, and he was back to work within 24 hours. Although his shoulder injuries were painful and kept him from performing his usual duties, he was able to get medical care and work in a supervisory role until he healed. Jessie was relieved to be able to get back to work almost immediately and to know his daughter could get the leukemia treatments she needed while Wes worked on the case.

The insurance company for the other driver responded to Jessie’s claim for compensation with a significant difference of opinion about the actual value of his equipment and costs of repair. Wes fought to make sure that Jessie was able to receive the compensation he deserved for the work he lost, medical treatment for his shoulder, medical evaluation and treatment for his children’s minor injuries, and the property damage he suffered. Working tirelessly on the family’s behalf, Wes was able to convince the insurance company to pay the true and accurate costs of Jessie’s losses. The case settled for $55,000, with a portion of the claim settling within four months. Everything Jessie lost was repaired or replaced, and Jessie and his children were able to pay for the medical treatment they needed.

Wes was glad he could help and said, “It was a good feeling for the lawyers at Neblett, Beard & Arsenault to help Jessie continue to work and be compensated for his injuries.”

Have You Been Injured In A Louisiana Car Accident?

If you’ve been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Have You Been Injured In A Louisiana Car Accident?

If you’ve been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Have You Been Injured In A Train Accident?

If you’ve been injured in a train accident you need to speak with an experienced attorney as soon as possible. Please contact us online or call our Alexandria law office directly at 318-561-2500 to schedule your free consultation.

$26.5 million recovery for a class of persons injured as a result of exposure to caustic bauxite and other toxic substances after a plant explosion. Neblett, Beard & Arsenault served as class counsel and worked with other attorneys to secure this recovery.

$1 Million Recovery for a client who lost use of his foot as a result of a workplace accident.

$1.02 Million Recovery for a client burned as a result of an explosion of a land pipeline.

$750 Million Settlement Richard Arsenault serves as Chair of the Executive Committee for the Genetically Modified Rice MDL #1811. Seven trials produced verdicts exceeding $200 million and the litigation has now been partially resolved for $750 million.

Have You Been Involved In An Offshore Explosion?

If you’ve been involved in an offshore explosion you need to speak with an experienced attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500.

$45 million settlement for a class including farmers, landowners and sharecroppers who were affected by the use of ICON pesticide-coated rice seed.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Have You Been Injured In A Louisiana Truck Accident?

If you’ve been injured in a truck accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

$6.5 million verdict for a double amputee tort case.

$5.5 million recovery for a 28-year old worker whose pelvis and legs were crushed by an industrial pipe in a workplace accident. In addition to this recovery, the entire worker’s compensation lien of $800,000 was waived.

$5 million recovery for a class of persons injured as a result of exposure to toxic substances due to a train derailment. Neblett, Beard & Arsenault attorneys served as co-liaison counsel and class counsel to secure this recovery.

$4.5 million recovery for a class of persons injured as a result of exposure to ammonia and other toxic substances from a plant during an unexpected release. The court appointed Neblett, Beard & Arsenault to serve as members of the Plaintiffs’ Steering Committee that secured this recovery.

$2.6 million recovery for a woman and her spouse after she suffered severe brain damage due to the negligence of the mental health hospital where she was a patient.

$2.5 million recovery for a 46-year old father of two who was severely injured as a result of police negligence and subsequent medical malpractice.

Costly Injuries and a Difficult Legal Case Add to Stress After Fall Accident

In the fall, our client fractured her wrist, which required surgery and the insertion of pins. She also developed neck and shoulder pain related to her fall injuries, but those injuries weren’t obvious to her or her doctors when she was initially treated. However, these kinds of late-onset symptoms are fairly common in shoulder, neck and back injuries. Her doctors performed additional shoulder surgery and neck fusion surgery. All totaled, she incurred more than $110,000 in medical bills for treatment of her injuries.

Our client was living on her own when she was hurt, and she had no one to help her once she returned home. Although she had been released from the hospital, she was limited in her daily activities and needed to regularly change her bandages. She had trouble driving while she was recovering, and she had to depend on others for transportation to her medical appointments.

Our client felt overwhelmed and contacted Neblett, Beard & Arsenault for help. The legal process was very stressful for her, and it was very frustrating when the resolution of her case was repeatedly delayed by the insurance company’s denial of her claim and circumstances outside of her control. Attorney Mike Koch provided a tremendous amount of support for the client, talking her through every stage of the legal process, answering her questions, offering reassurance, and listening to what she had to say.

Neblett, Beard & Arsenault Obtain Award for Client in Hard-Fought Legal Case

Unfortunately, the insurance company fought against our client’s claims, making her legal case very difficult. Because the glue was laid down by a contractor, her legal case was against the insurance company for the contracting construction company and its carpet layers. The insurance company denied responsibility, alleging that the fault for our client’s injuries fell on the employer. However, Attorney Mike Koch and the legal team at Neblett, Beard & Arsenault proved that the liability fell on the contractors. Because our client’s symptoms had not been immediately obvious, the defense denied that her neck and shoulder injuries were related to the fall. Our attorneys presented the needed medical evidence of her injuries. The defense also blamed our client for her own fall, saying that she should have seen the glue on the floor and known it might be slippery, but our attorneys presented evidence and testimony that supported her claims. During the case, one defense expert even testified, “You can’t see slippery.”

After a hard-fought discovery, several failed mediations, and several unavoidable continuations of the trial, the case went to a jury trial in January 2007. Before the trial, the defense offered to settle for an amount that was less than the cost of the client’s medical bills. At the trial, our attorneys presented testimony from medical doctors, security guards, carpet layers, and contractors. We presented exhibits, photographs, and a video of the incident occurring. Many experts were deployed in the case, both on behalf of the client and from the defense.

Ultimately, the jury in our client’s case awarded $434,027.07 to her. However, even after the trial, the defense refused to pay and appealed the case. Attorney Mike Koch counseled the client through the appeals process, and the appellate court confirmed the decision of the lower court. The award helped our client pay her medical bills, get the help she needed, and recover from a terrible accident.

Have You Been Injured In A Louisiana Slip And Fall?

If you’ve been hurt in a slip and fall you need to speak with an experienced slip and fall attorney as soon as possible. Contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Client Suffers Severe Injuries and Is Unable to Return to Work

Our client sustained severe and disabling injuries to her head, neck, shoulder, arm, and hands. Her neck injury was particularly severe and was responsible for much of the pain and limitation she experienced in her daily life after the accident. The client received ongoing medical treatment for her injuries, and she eventually underwent a neck surgery recommended by her doctors.

Beyond adding the burden of costly medical bills, the accident also jeopardized the client’s future ability to provide for herself financially. Before the accident, she had just started a promising new job as a salesperson. Now, with her injuries and limitations, she was unable to return to work.

Neblett, Beard & Arsenault Helps Client Reach Her Legal Goals

The client reached out to Attorney William Neblett to talk about her case. They discussed her options together, and William helped her file a personal injury claim against the driver’s insurance company. To help support her case, William obtained relevant medical records, employment documents, and other evidence. He brought in economic experts to help calculate her potential earnings and support her claims for lost wages.

With William’s experienced help, the client’s case settled for $350,000 before going to trial, and the client was pleased with the result. With her case resolved and legal goals met, she would have the compensation she needed to recover as fully as possible from the accident.

Have You Been Injured In A Louisiana Car Accident?

If you’ve been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Neblett, Beard & Arsenault Helps Man Recover After Truck Accident

The client contacted Attorney William Neblett shortly after the accident for help recovering compensation for his injuries and expenses. William talked with the client and helped him file a personal injury claim. To make sure that the client could get needed medical care, William helped arrange for Medicare to pay the client’s medical bills while his case against the trucking company’s insurance company was ongoing. He reassured the client as his case moved through the legal process and made sure the client was prepared for each step.

Personal injury cases against trucking companies can be very complicated, and our client’s case was additionally complicated by an unrelated intervening injury after his initial injuries in the truck accident. Although the trucking company disputed its liability and attempted to blame the client for the accident and his injuries, William presented facts and evidence to support the client’s claims. William also supported the client’s injury claims with testimony from the client’s doctor. The client’s case ultimately settled for $234,000, and the client was thankful for William’s help and guidance through a difficult time.

Have You Been Injured In A Louisiana Truck Accident?

If you’ve been injured in a truck accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318-561-2500 to schedule your free consultation.

Off his medication, our client suffered from disabling symptoms, including auditory and visual hallucinations and paranoia. His history was significant for two attempts at suicide. He had a prior history of substance abuse but was maintaining his sobriety despite his precarious financial situation. Our client was receiving mental health care, but the burden of homelessness and lack of transportation made it difficult for him to get the care and support he needed.

Judge Remands Decision and Awards Six Years of Past-Due Benefits

After filing for Social Security benefits, the client contacted Neblett, Beard and Arsenault for assistance with his case. We appealed the denial of this decision to the Appeals Council and then to United States District Court. At that time, the Social Security Administration allowed applicants to refile after receiving an unfavorable decision at hearing level. Social Security on this second claim found him disabled and began making ongoing payments to the client.

Insofar as his initial claim was concerned, the federal judge remanded the prior judge’s decision for another hearing and decision. At this second hearing, the ALJ found in the Claimant’s favor resulting in the award of six years of past-due benefits—approximately $71,000. Our client also continues to receive his ongoing Social Security disability benefits. Due to this young man’s impaired mental state, his uncle was appointed to take charge of his funds.

All the while, the client was affected by the catastrophic flooding in Baton Rouge. The award in his case allowed him to overcome these housing challenges and seek a permanent place to live. He was able to move on with his life with appropriate healthcare and financial support and hopefully may be able to seek employment in the future.

The attorneys with Neblett, Beard & Arsenault take a genuine interest in their clients. While many people don’t meet with their Social Security attorney until their disability hearings, Attorney Barbara Juneau Mixon gets involved in cases from the moment clients call her. If you need one-on-one help with a Social Security disability case, or if you have questions about a denial, contact our law office today for a free case review with an experienced attorney. You can also call us directly at 318-561-2500.