Hi, I’m Stuart Talley. I am a partner here at Kershaw, Cook & Talley responsible for the DePuy Pinnacle metal on metal hip cases at our firm. I wanted to provide an update on the current status of the litigation. We just had a big verdict in the second DePuy Pinnacle hip trial. Many people have been calling us with lots of questions about how this verdict will impact their personal case.
There are a couple of matters that need to be addressed. First, the verdict in this case does not mean DePuy will automatically settle these cases, or propose a settlement to everybody who has a case. However, the verdict puts pressure on DePuy to settle. Unfortunately, by no means is DePuy required to settle. It is entirely DePuy’s decision whether or not they want to settle. Until they offer a global settlement, we are stuck in this phase where the plaintiffs will keep trying cases.
The Judge asked for another group of 5 new cases that will go to trial before the end of this year. Many people asked, “Will the new jury be aware of the verdict from this latest trial?” The answer is no, they will not know about the latest verdict. They will not even know there were 5 other cases that went to trial. Each case has to be independently evaluated by the jury. Many people have also asked, “How do I get my case set for trial?” This is very difficult. There are 8,000 cases that are currently on file. The plaintiffs want very good, easy, simple, and straightforward cases to go to trial first. The defendants are looking for cases with lots of weaknesses. The Judge wants run of the mill cases. That is why they are called bellwether cases; they set potential values on other cases.
There is a lot of jockeying that goes on with respect to what cases go to trial and in what order. It is very difficult for one person to say, “I’d like my case to go to trial next” because there are 8,000 other people who also have that same desire. Unfortunately, people have to be patient. It is tough because many individuals are older, experiencing intense pain and a diminished quality of life. People cannot afford to wait another 5 to 10 years for some kind of resolution. Yet we cannot force DePuy to settle anyone’s case. All we can do is keep hitting them with verdicts, and hopefully they will come around at some point.
If you have a DePuy Pinnacle, and you have not filed a lawsuit, or you have any questions about the process and how it works, feel free to give us a call. You can reach us at the phone number on the screen, or visit our website and fill out one of the online forms, and we will get back to you right away. If you have a lawyer, I would highly recommend following up with them. Your attorney should answer your questions. But if you still have any questions, you can always call us.
We hope you are doing well.