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How Are Cases Selected for DePuy Pinnacle Bellwether Trials?

What Is the Process for Choosing the DePuy Pinnacle Bellwether Trials?

Video Transcript:

This is Stuart Talley, I’m the attorney here responsible for the Pinnacle metal-on-metal hip cases. The reason I’m doing this video today is we received lots of phone calls from people asking about the upcoming bellwether trials that are going to occur in September this year. As you may know there are seven cases that were selected to go to trial in September. Several months ago, we had a verdict on five cases, and the question that people are asking is, how are these cases selected for trial? And the answer to that question is that it’s a complicated process. Typically, what will happen is the judge will tell the parties to sit down and come up with a group of cases for trial. Normally, the plaintiff will get to select, the plaintiffs group, will get to select a group of cases and the defendants will get the selected group of cases. The defendants as a strategy will try to pick cases that are complicated, cases that are difficult to prove. The plaintiffs want cases that are easy to prove, cases where there’s not a lot of complications or difficulties in proving that the hip caused damage. What the court wants at the end of the day is representative cases. They want run-of-the-mill cases, and the idea is that if you get verdicts in several run-of-the-mill cases, then the parties should be able to sit down and figure out what all of the other cases should settle for. So, that’s how the process works. On the cases that were selected by the plaintiffs were vetted extensively. You want plaintiffs that have, plaintiffs that are likable, plaintiffs that have doctors that are not on DePuy’s payroll, you want plaintiffs that have damages that are the kinds of damages that most people out there who have cases have. You people with similar type damages. So, that’s how these cases were picked. I know a lot of our clients have asked, how do I move to the front of the line? How do I give my case but set for trial? And it’s very difficult. It’s very difficult to find one case and say I’m going to push this one to the front of the line because there’s about seven to eight thousand people in that line. So, it’s not an easy process. What needs to happen is we need to get verdicts in these bellwether cases. After we get enough verdicts, hopefully for the plaintiffs, the defendants will eventually come around and agree to a global settlement program for everyone. If you have a DePuy Pinnacle metal-on-metal hip, you have any questions, you can call us, you can fill out one of our online forms. We’d be happy to answer any questions you might have about the litigation and what’s going on.

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