'What a Long Struggle': Plaintiffs' Claims Against Pinnacle MoM Hip Implants Designated as Multicounty Litigation
The New Jersey Supreme Court approved the multicounty litigation designation of state court litigation against Johnson & Johnson and Depuy Synthes Sales for injuries caused by Pinnacle metal-on-metal hip implants.
June 13, 2023 at 05:21 PM
4 minute read
Johnson & Johnson The New Jersey Supreme Court approved the multicounty litigation designation of state court litigation against Johnson & Johnson and Depuy Synthes Sales for injuries allegedly caused by Pinnacle metal-on-metal (MoM) hip implants.
Chief Justice Stuart Rabner signed the order, which stated that, effective immediately, all related complaints filed in various counties will be transferred to the Bergen County Superior Court, Law Division. Additionally, any future complaints that are related are to be filed in Bergen County, the order said.
Centralized case management for the MCL was assigned to Judge Rachelle Harz from May 17 through May 31, and then to Judge Gregg A. Padovano, effective June 1, following Harz's retirement.
In December, the U.S. District Court for the District of New Jersey granted 33 motions for remand to the Superior Court of New Jersey filed by separate plaintiffs who alleged injuries caused by the DePuy Pinnacle MoM hip replacement system under New Jersey's Products Liability Act. Judge Zahid N. Quraishi concluded, in Kissel v. Johnson & Johnson, that the complaint alleged a colorable New Jersey Product Liability Act claim against J&J and that the fraudulent-joinder argument failed.
On April 5, 2022, plaintiff William Kissel filed a complaint in Middlesex County Superior Court that claimed damages under the NJPLA against Johnson & Johnson, Johnson & Johnson Services, Medical Device Business Services, and DePuy Synthes Sales. The matter was removed by Medical Device and DePuy on May 5.
Kissel, a Colorado resident, alleged in his complaint that J&J participated in the production, sale, design, and marketing of the allegedly defective product, the DePuy Pinnacle MoM hip replacement system. In a notice of removal filed by Medical Device and DePuy, the companies argued that removal was proper and that the J&J defendants were fraudulently joined. The two companies asserted that since Kissel got the hip implant in Colorado, that state's law applied.
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