We are now in the second week of the trial.
This week the plaintiffs took testimony from marketing individuals at DePuy. These individuals were responsible for marketing the Pinnacle hip. The purpose of this testimony was emphasizing the theme of the case: the Pinnacle hips were falsely advertised. Surgeons and the public were told the hips were essentially indestructible.
There was advertising in medical journals, and other places, stating the Pinnacle hip had a 99.9% survival rate. In essence, they were telling surgeons that only 0.1% fail. This percentage was wrong. The reality is that at 5 years the failure rate is around 15%.
There was also testimony from Dr. Thomas Schmalzried, an orthopedic surgeon. Dr. Schmalzried was one of the inventors of the Pinnacle hip. He traveled the country, and the world, affirming the wonders of metal on metal hips. Unfortunately, we believe Dr. Schmalzried knew the contrary. He knew there were lots of problems. There were problems with his patients. There were problems reported in Europe and other places. A lot of the testimony dealt with what Dr. Schmalzried knew and what he was telling the medical community. A substantial part of the testimony focused on his earnings. Dr. Schmalzried was paid millions to work on and promote the Pinnacle hip.
The trial appears to be going well for the plaintiffs. We are still in the plaintiff’s phase of the case. They are focusing on the fact DePuy provided false and misleading information regarding these hips but was not revealing this to the public.