Postponed DePuy Pinnacle Metal Hip Failure Trial. DePuy Pinnacle Metal Hip Failure Trial Update. The latest DePuy Pinnacle hip failure trial which was set to start this week with the fourth bellwether trial has been postponed until later in September.
Postponed DePuy Pinnacle Metal Hip Failure Trial. DePuy is under fire over its Pinnacle/Ultamet line of metal hip devices causing metal poisoning and premature failure according to lawsuits.
Postponed DePuy Pinnacle Metal Hip Failure Trial
DePuy Pinnacle Metal Hip Failure Trial Update. Federal Judge Ed Kinkeade delayed the upcoming DePuy Pinnacle hip implant bellwether trial after a split federal appeals panel requested that he halt the proceedings due to a “grave error.”
In the August 31st opinion, two of three judges on a panel of the U.S. Court of Appeals for the Fifth Circuit refused to grant a petition for writ of mandamus filed by DePuy Orthopaedics Inc. to halt the trial.
But two of the three judges indicated that U.S. District Judge Ed Kinkeade committed a “grave error” in allowing certain trials to take place before him, including the latest one involving eight New York plaintiffs.
DePuy Pinnacle Metal Hip Failure Trials
In May 2011, the U.S. Judicial Panel on Multidistrict Litigation centralized pretrial proceedings in the cases before Judge Kinkeade in the U.S. District Court for the Northern District of Texas, as part of an MDL, or multidistrict litigation.
Johnson & Johnson has lost the last three out of four bellwether trials and the company is appealing the massive verdicts, urging the Court to remand thousands of cases back to individual U.S. District Courts nationwide for trial dates.
There have been no settlements to date over the DePuy Orthopaedics’ Pinnacle Hip Replacement system, and Johnson & Johnson has vowed that it has no intention of settling hip replacement injury claims for patients who have developed side effects with DePuy Pinnacle implants.
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