Cobalt Chromium Toxicity Resource Center

DePuy Pinnacle 2016 Trial Update 19: July 29

The Fifth Circuit  denied the motion for an expedited appeal lodged by co-defendants Johnson & Johnson and  DePuy.   

Hi,  Stuart Talley  here and I have another update on the ongoing DePuy Pinnacle hip trial. Today, we received word  from the  Fifth Circuit Court of Appeals 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.

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