Appellate Court is 4 Months Passed Oral Argument Deadline
Hi, Stuart Talley here, providing another update for the ongoing Pinnacle metal on metal hip litigation. As many of you know who have been watching this blog, we have been anxiously waiting for a decision from the Fifth Circuit Court of Appeals on the most recent appeal that was argued. That was an appeal of the billion dollar verdict for the California plaintiffs. Oral argument on that appeal happened back in June.
The Fifth Circuit has sort of a running guideline that they go by which is that they want to issue decisions within 60 days of oral argument. We are now more than 6 months from oral argument and we have no idea why the appellate court is taking so long to issue a decision. So stay tuned, when there is a decision, we will immediately provide an update to everybody about that decision.
The other thing that is happening is that in the trial court, we are moving forward now with the retrial of the Texas case. That was the case of five individual Texas plaintiffs that resulted in a verdict in excess of 5 million dollars. That was appealed in the appellate court in the fifth circuit, granting DePuy a new trial in that case. That trial is going to start January 16th. Jury selection is supposed to start on January 14th. So it’s right around the corner.
So, at least on the plaintiff’s side, there is a hope that the verdict could be even bigger than it was last time. And that is a possibility; given some of the verdicts that have occurred in the California cases and some of these other cases. So we will see what happens.
Stay tuned, we will be providing updates as the trial progresses on what the court’s rulings are and how things are going. We will also immediately provide an update once there is a decision from the fifth circuit.
If you have any questions, if you have a metal on metal hip, give us a call. You can fill out the online form and one of our lawyers will call you back. Or you can just give us a call with the phone number on the screen.