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DePuy Pinnacle 2016 Trial Update: Jury Deliberations

Photo of a Mass Tort Jury Deliberating

Tuesday, March 15- Today is Day 3 of jury deliberations and there is no verdict. The jury continues deliberations which began last Thursday, March 10. The Court’s jury charge (a verdict form the jury is asked to fill out regarding the case) is over 40 pages. It includes different questions with many sub-parts involving each of the 5 plaintiffs along with associated consortium claims (claim for damages suffered by the spouse or family member of the plaintiff injured because of the defendant’s negligent, intentional, or otherwise wrongful acts.)

In the first trial against Johnson and Johnson’s DePuy over Pinnacle hips, the jury awarded a verdict in favor of DePuy. After a seven-week trial, the jurors needed about two days to deliberate. However, the complexity of this case, number of plaintiffs, and the court’s jury charge contribute to the length of deliberations. We are hopeful for an outcome in favor of the plaintiffs.

In addition, many have asked us if the jury was informed of how many people had been injured by these hips. Multiple times during the trial, the plaintiffs made reference to the fact that there were thousands of similar lawsuits pending on behalf of people whose hips were revised. The defendants repeatedly objected to this and, on several occasions, moved for a mistrial. The judge denied all of these motions.

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