New Developments in the Dallas Pinnacle Hip Trial
Hi, this is Stuart Talley, I’m here today to do an update on the ongoing pinnacle metal-on-metal hip trials. If you’ve been following our videos you know that there have been three pinnacle hip trials so far. All of the trials have taken place in Dallas, Texas. The next one is scheduled to start on September 5th. That’s when the jury selection process starts. They’re expecting to start opening statements on September 11th, so it’s right around the corner. This next trial will involve eight plaintiffs, all in front of one jury, all of these individuals live in New York, so this is going to be a case where New York laws can apply to their claims. The defendants have filed a series of motions to try and undo the schedule that’s currently in place. They’re trying to delay this trial. They filed a writ to the Fifth Circuit Court of Appeals asking that the trial not go forward. So far, there’s been no word from the Fifth Circuit. They’ve also filed some motions for summary judgment, and a motion for summary judgment is a motion that’s filed to try and get certain claims dismissed in the lawsuit. So, they filed several motions for summary judgment on the plaintiffs, the court has yet to rule on those as well. I do not expect the Fifth Circuit to delay the trial, and I do not expect any of these motions for summary judgment to be successful. I could be wrong, but that’s my educated guess at this point. So, we have the trial coming up very soon. Stay tuned we’ll be providing updates as the trial progresses. We’ll have regular updates as testimony comes in. We’ll advise about what experts are testifying, what kinds of evidence is coming in in the trial. We expect that this trial should go as well as the previous trials. There’s nothing unique about this trial that makes this case any more difficult. There’s punitive damages that are potentially in play here. In the second and third trial, there were very large verdicts for the plaintiff and we’re optimistic that that’s what’s going to end up in this case. As far as settlement goes, many of our clients have been asking when is DePuy going to settle these cases? When are they going to implement a global settlement program? We do not expect any type of settlement program to be announced or explored until after the appeals are decided. The two cases where there were large verdicts, those cases are currently on appeal. We don’t expect a decision on the appeal until the beginning of next year, so it looks like everybody’s going to have to be patient because it’s going to take some time to get to the end of the road in this case. But the more verdicts we get, the more pressure is put on DePuy to try and come up with a way of resolving these cases. If you have a Pinnacle metal-on-metal hip, you have any questions about the litigation, the process, what’s going on, you can always give us a call. You can reach us at the phone number on the screen, you can fill out one of our online forms and I or one of the attorneys in my office will call you right back.