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DePuy Pinnacle Trial Update: Week 5

Expert Witness Testimony Given in Fifth Week of Pinnacle Hip Trial


Video transcript:

Hi, this is Stuart Talley and the partner here responsible for the metal on metal hip cases. The reason we’re doing this video today is to provide an update on the ongoing Pinnacle metal-on-metal hip trial.

We are now in the fifth week of the trial. We finally reached the point in the case where the defendants have actually got to put on their case to the jury. As expected, the defendants presented the testimony of a series of expert witnesses. Witnesses that they’ve hired to come into court to testify about how this hip was designed and to testify about what they believe the cause of the plaintiff’s injuries are. That is the primary defense that they’re asserting in this case.

This is a somewhat unique case because the plaintiff had her hips put in at what many have described as extreme angles. That means the cup the cup on each side, you know there’s an angle that’s up and down and forward and backwards and because of the plaintiffs unique anatomy the initial hips were put in with cups at a somewhat extreme angle. That is what DePuy is basing their entire defense on. They are claiming that the reason these hips had high metal was because they were the cups, they were put in at this extreme angle and so that’s what their series of experts have testified to. So it remains to be seen how a jury is going to look at this evidence.

The plaintiffs made a point early in the case that the angle for the cups and the appropriate angle to put them in is something that was never conveyed to doctors in any of the literature that was provided to the doctors. And also they pointed to the fact that, with respect to the angle of these cups, most of the time surgeons are concerned about the angle of the cup because they don’t want the ball in the cup to become dislocated. That’s what happens if you put cups in at an extreme angle, you end up with dislocations. So the point that the plaintiffs have made is that putting a cup in at an extreme angle may be appropriate for people with strange anatomy. That may be the only way to get the hips stable. So it doesn’t dislocate and that the defendants never told doctors that the angle of the cup would have any impact on wear debris. Meaning that nobody ever told the doctors that if you put these cups in an extreme angle you’re going to end up with metallosis or high levels of cobalt chromium. So it’s a different risk than what doctors normally deal with. So that is sort of the theme that the plaintiffs have tried to get across on cross-examination and it remains to be seen how a jury is going to decide this case.

So we are in the fifth week. We’re getting near the end. The estimate at the beginning was that this will be a six-week trial so we’re now in the fifth week and we’ll see what happens. I’ve been told that the judge is very stern on his deadlines and that he really wants this case to be over in six weeks. So we’ll see what happens.

That’s where we are. Stay tuned to this website for further updates. When there is a verdict or a result, we will be the first ones to put it out. Feel free to give us a call if you have any questions about this case or any other metal on metal hip. You can reach us at the phone number on the screen or you can visit us at our website and fill out one of our online forms. We have attorneys here almost around the clock who can answer any kind of questions that you have.

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