Moving Forward with the Pinnacle Hip Trial in Dallas
Hi, Stuart Talley here to do another update on the ongoing pinnacle metal on metal hip litigation. I know it’s been a while since our last update, but things have been moving forward sort of behind the scenes in the litigation. As many of you know we are now coming up on our fourth bellwether trial that is supposed to start in early September. It is on schedule to go to trial in September. It will involve somewhere between six and eight plaintiffs, all of whom reside in New York. So, in this case New York law is going to apply. The case is going to be tried in Dallas, Texas along with all of the cases. That’s where all the cases are pending and that’s where all the other previous trials have taken place before judge Kincaid in Texas. The defendants have filed a motion with the appellate court to try and put a stop to this process. They filed what’s called a writ, an emergency writ, with the appellate court recently, and the argument that they’re making is that the court in Dallas does not have jurisdiction to hear the claims of New York residents. There is a case called lexicon that deals with cases like this, and under lexicon when a case is consolidated in one court, the judge in that Court is only permitted to have trials of cases for people who reside in the jurisdiction of that Court. So, the argument is that under this lexicon case that judge Kincaid can only try the claims of people who live in Texas. The problem is that the defendants have waived lexicon. In the past, when this litigation first started, they agreed to have the claims of non-California (or I’m sorry, non-Texas residents) tried in the Texas Court. So now, they’re trying to in essence undo that waiver. They filed an emergency writ with the appellate court, it’s pending there. I doubt that it will be successful, but it’s another effort by DePuy to try and get away from this court in Texas where they have had not much success at trial. So right now, we’re on track, there’s expert discovery going on, cases are getting ready for trial in September. We’ll see what happens. When we get a decision on this writ, we’ll do another update let you guys know what happened. Stay tuned as we get closer to this trial date, we’ll provide more updates on what’s going on. If you have a pinnacle metal-on-metal hip, you have any questions about the litigation, feel free to give us a call. You can reach us at the phone number on the screen, or you can visit our website and fill out one of our online forms and we’ll get right back to you.