January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.
Over the past year, you may have seen news that Johnson & Johnson has offered to settle many DePuy ASR hip lawsuits. However, it is important to note that the settlement only covers the ASR product line. Many people who have had a metal-on-metal hip replacement have had a DePuy Pinnacle implanted (and possibly revised). The time has now come for the DePuy Pinnacle litigation to possibly gain real momentum – the first bellwether trial is set to begin September 2, 2014.
You may be asking the question – what is a bellwether trial? In a nutshell, a bellwether trial chooses a “typical” case in a large group of cases by picking one or a small group of plaintiffs. The case is then set for trial to determine how future cases might turn out. The results of a bellwether trial often assist both sides as the results may indicate the outcome of future cases and trials.
DePuy Pinnacle lawsuits are consolidated in Dallas, Texas in front of the Honorable James E. Kinkeade (MDL No. 2244). The first two plaintiffs are Kathleen Herlihy-Paoli and Toni M. Lay. Another bellwether trial is tentatively scheduled for November 3, 2014 after the first trial concludes. Many people around the country will be closely watching the results as they may greatly impact the future of this litigation.
Disclaimer: This blog post is not legal advice and does not create an attorney-client relationship. You should contact an attorney for the most accurate and up-to-date information.