DePuy Pinnacle Update: The Fifth Circuit denied the motion for an expedited appeal lodged by co-defendants Johnson & Johnson and DePuy Orthopaedics.
Hi, Stuart Talley here and I have another update on the ongoing DePuy Pinnacle metal-on-metal hip trial. Today, we received word from the United States Court of Appeals for the Fifth Circuit regarding DePuy’s request that the court of appeal expedite the appellate process with respect to their appeal of the last verdict. The Fifth Circuit denied the request.
This means that the appeal will most likely take several years to resolve. In the meantime, trials will continue to occur in the trial court. We have a trial date set in September for the next round which is now six plaintiffs who all reside in California. This trial will move forward as scheduled.
This is good news for the plaintiffs. We did not want an expedited appeal. There are an enormous number of legal issues and those issues need to be fully briefed before the appellate court can decide. An expedited procedure would put us at a disadvantage in that process especially considering we are having a trial coming up in just a few months.
As we get more orders from the Fifth Circuit, we will provide updates as well as updates on the upcoming trial.