Jurors in DePuy Pinnacle Bellwether Trial may be Told About Thousands of Similar Lawsuits, Parker Waichman LLP Comments

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The first bellwether trial involving Johnson & Johnson's DePuy Orthopaedics Pinnacle hip implant continues to move forward. Recently, the federal judge overseeing the litigation ruled that jurors may be told about the pending multidistrict litigation (MDL) involving roughly 6,500 Pinnacle lawsuits.

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“As a firm that represents numerous plaintiffs in the Pinnacle litigation, we applaud Judge Kinkeade's decision,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that jurors in the first bellwether trial involving Johnson & Johnson's DePuy Orthopaedics Pinnacle hip implant may be told about the pending multidistrict litigation (MDL), court documents show. U.S. District Judge Ed Kinkeade, who is overseeing the litigation in Dallas, ruled that the plaintiff may inform jurors that there are 6,500 Pinnacle lawsuits pending in the MDL No. 22244 in the United States District Court, Northern District of Texas, Dallas Division. The case is Herlihy-Paoli v. DePuy Orthopaedics Inc., U.S. District Court, Northern District of Texas (Dallas) (Case No.: 11-cv-3590).

“As a firm that represents numerous plaintiffs in the Pinnacle litigation, we applaud Judge Kinkeade's decision,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “To make an informed decision, jurors should be told about the thousands of pending Pinnacle claims.”

According to court documents, the Plaintiff in the trial alleges that the metal-on-metal version of the Pinnacle hip implant is defective and releases metal particles into the body, causing complications such as pain, swelling, and metal poisoning. Some plaintiffs in the MDL have had to undergo revision surgery to remove the device, allegedly due to its faulty design. Instead of warning about the dangers, DePuy marketed the device as being safe and effective, the Plaintiff alleges.

Judge Kinkeade allowed the jurors to hear about the MDL because DePuy referred to the current case as an outlier, thereby opening the discussion to include other cases. According to court documents, the Judge had already warned DePuy about using that argument following opening statements but the company continued to call the case an outlier. In order for jurors to make a fully informed decision about the case, they need to hear about the context of that argument, Parker Waichman LLP notes.

Parker Waichman LLP also continues to offer free legal consultations to victims of DePuy Pinnacle and other metal-on-metal hip implant injuries. If you or a loved one have experienced premature failure of your implant, or other health problems associated with the Pinnacle or other metal-on-metal hip replacement device, please contact the Firm at its DePuy Pinnacle hip implant lawsuits page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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