The judge entered an order today setting a date for the next trial which is set to start in September 2017. In his order, the judge indicated that he wanted New York plaintiffs this time. The strategy I believe the judge is implementing here is a strategy of having bellwether trials with groups of plaintiffs from some of the most populous states; New York, Texas and California are the three most populous states. Probably, next we’ll see a group from Florida.
The idea is that when you apply different states laws to the facts and you get verdicts that can provide some guidance to the parties as to what the cases should settle for; at least that’s the idea behind the bellwether trial process.
At this point, DePuy has not made any indication that they want to settle these cases. I think they’re waiting for some more trials to occur and maybe even some decisions from the appellate courts with respect to some of the rulings that the judges made in this case. But at the end of the day there’s going to be a time where they need to resolve these cases. There’s more than 8,000 that are pending. Each time they go to trial, it costs a few millions of dollars to defend the case with attorney’s fees, expert witness fees, etc. It’s a big production every time one of these trials occurs. So, at some point they’re going to have to come to the table. Hopefully, this happens sooner rather than later.