Recent Filed Motions Causes Weeks Delay in DePuy Pinnacle Hip Retrial
Hi Stuart Talley here doing a update on the ongoing pinnacle metal on metal hip litigation.
If you’ve been following our blog you know that this week we were supposed to start a trial, actually a retrial of the five Texas individuals who previously had a trial more than a year ago. Their case was appealed to the Fifth Circuit. In the Fifth Circuit granted DePuy a new trial in that case. So we have a retrial that was supposed to begin this week for the same five individuals. There has been a little glitch in the system and the trial has actually been moved till next week when it will start. The glitch has to do with some motions that were filed today in court one was a motion for sanctions that was filed by the plaintiffs.
The details of that motion I can’t go into. The motion was filed under seal but the judge wanted some discovery and additional briefing on that motion and, as a result, decided to move the trial date out a week. There is also a motion that was filed by the defendants to what we what we call quash a subpoena that was issued to the CEO of Johnson &Johnson. The CEO was subpoenaed to testify in the case at the trial and DePuy has filed a motion to prevent his testimony from occurring. So there is motion practice going along with that request by the plaintiffs to have the CEO test by a trial.
So stay tuned it’s a delay of only a couple of days we’ll be starting again next week and we will update you as the trial progresses.