Five Johnson & Johnson Pinnacle Plaintiffs Fight for Full $360 Million Punitive-Damage Award
Five plaintiffs suing Johnson & Johnson and its DePuy unit over Pinnacle hip implants have asked a federal judge in Texas to let them collect the full $360 million in punitive damages they were awarded last month, calling a state cap that could reduce it to less than $10 million unconstitutional.
In a brief filed Thursday, lawyers for the five plaintiffs asked U.S. District Judge Ed Kinkeade in the Northern District of Texas to ignore the cap because it is based on a formula that takes into account the economic damages awarded to plaintiffs for things such as lost earning potential.
In a brief filed Thursday, lawyers for the five plaintiffs asked U.S. District Judge Ed Kinkeade in the Northern District of Texas to ignore the cap because it is based on a formula that takes into account the economic damages awarded to plaintiffs for things such as lost earning potential.