Hi, Stuart Talley here to do another update on the DePuy Pinnacle Trial. As you may know, there are three bellwether trials that have gone to verdict. The first was a defense verdict and the second and third were plaintiffs’ verdicts. The second trial and verdict is currently on appeal. The defendants have filed their appellate brief with the Fifth Circuit Court of Appeals.
The plaintiffs are going to be filing a brief in opposition to that by the end of March. We will provide an update on what the arguments were when we get that brief in. The individuals that we have spoken with who are familiar with the Fifth Circuit Court of Appeals have said that it is very unlikely that the appeal of the second verdict will be decided before the end of this year. It is more likely to be decided the very end of this year or the beginning of next year.
In the meantime, the Judge has been pushing cases forward. He ordered that the next trial begins in Texas on September 5, 2017. It will involve six individual plaintiffs who reside in New York. New York law will apply. My understanding is that New York does not have caps on punitive damages. There is the potential for a large verdict in this litigation. Discovery in that case is currently ongoing. Discovery has to be completed before the end of June. Experts are being retained. Those cases will move forward full speed ahead.
We are in a holding pattern until the appeal is decided or we get more verdicts. There may not be much happening in the litigation at this time. We will provide another update once we get the appellate brief in from the plaintiffs on the second verdict.
If you had a DePuy Pinnacle, and have any questions, give us a call.
We apologize for the delay. Here is the latest update regarding the reduction of the verdict. In his ruling, the Judge reduced the jury’s punitive damage award to a multiple of approximately nine times the compensatory damages suffered by the six plaintiffs, in accordance with US Supreme Court precedent. The Plaintiffs are appealing this decision.
A follow up regarding the latest DePuy Pinnacle $1B verdict.
Transcription coming shortly. Your patience is appreciated.
Closing arguments are over. Judge Kinkeade denied two motions for mistrial. I am out of the office for the rest of the week but more to come so stay tuned.
Hi, this is Stuart Talley providing an update on the DePuy Pinnacle Trial. The trial was on hold for the Thanksgiving holiday and resumed on November 28. We have not been providing daily updates because most of the recent testimony involved the individual plaintiffs. It was not generalized information applicable to all plaintiffs. There was testimony from the six individual plaintiffs, their family members, and their treating physicians about the health implications of the Pinnacle.
The good news is that we are now at the end of the road. Both sides have rested and closing arguments are scheduled for tomorrow. We will provide an update after closing arguments conclude. We will also provide an analysis and commentary discussing both sides cases. We are hopeful for a verdict in favor of the plaintiffs.
Trial will resume on Monday, November 28. Happy Thanksgiving.
Kershaw, Cook & Talley PC
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