Update on 9000 Pinnacle Hip Cases Transferred to Dallas
Hi, it’s Stuart Talley here to do another update on the ongoing Pinnacle metal-on-metal hip trials. Today I wanted to provide a quick report about some developments in the case, or at least some information that we were able to obtain about the litigation.
Today I appeared in court in San Francisco where there is a what we call a JCCP proceeding. And that is a coordinated proceeding in state court in California in San Francisco where there are presently a small number of Pinnacle cases that are consolidated before Judge.
In San Francisco, very few cases are in the JCCP. Right now I believe it’s probably under 30 cases because most of them have been transferred to Dallas before they could get sent to the JCCP. They ended up in federal court and got transferred to Dallas along with the 9,000 cases that are that are there many of those cases that were swept up into the MDL and sent to Dallas may end up coming back to California at some point in time. It really depends on how they were filed initially but the information I wanted to report was today there was a hearing and the issue of settlement came up in court and the judge was interested in knowing whether there was any settlement discussions. With respect to the Pinnacle litigation and the attorney for Dupey indicated that Depuy really was not interested in discussing settlement until the Andrews appeal was decided. And the Andrews case is the third bellwether trial. It was the case that involved six California residents and resulted in the 1.3 billion dollar verdict. That case is currently on appeal in the Fifth Circuit Court of Appeals. Oral argument is set for June and, in all likelihood, it may take until the fall or the winter this year before that appeal is decided.
So that is at least the public proclamation that Depuy is giving that settlement. Discussions are going to begin until that appeal is decided. Depuy feel strongly that they really haven’t had a fair day in court they’re there they were they feel justified by the fact that the 5th Circuit Court of Appeals gave them a new trial in that first appeal. But, at the end of the day, I think that that decision really did not help DePuy much at all.
They are getting a new trial. The new trial will include evidence that the experts were paid and will not include evidence of the problems that Depuy got into in foreign countries. But there has been trials where that evidence has not come in so, as a good example, in the fourth bellwether trial that was the New York, plaintiffs of the jury knew that the experts had been paid and the jury didn’t hear any evidence about problems that Depuy had in foreign countries. And violations of the law that they had committed and that jury came back with a 270 million dollar verdict so at the end of the day I’m not sure why Depuy is not interested in resolving these cases.
And it’s possible that what they are telling the court is what they’re telling the court that there may be discussions behind the scenes that weren’t aware of. But right now that’s where we are.
At least publicly, Depuy is saying that they’re still not interested in talking settlement so that I know that’s not going to be good news for a lot of people. These cases have now been pending for a very long time. But at some point they will have to resolve. The 5th Circuit Court of Appeals decision made it clear that Depuy is not going to get all of these cases dismissed. So it’s, it’s a situation that they have to deal with.
So if you have a Pinnacle metal-on-metal hip, if you have any questions about what’s going on with the case, feel free to give us a call. Call us at the phone number on the screen or you can go to our website fill out one of our forms if you have a question ask the question and we’ll get back to you right away.