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DePuy Pinnacle Hip Lawsuits Set For Trial in Texas Federal Court, Reports Wright & Schulte LLC
Date:8/17/2014

patients only after determining that the risks and benefits of using a metal-on-metal hip implant outweighs that of using another type of hip replacement system.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm335775.htm, January 17, 2013]

The FDA also proposed regulatory changes in January 2013 that required hip replacement systems to undergo the same type of rigid process that new products are subject to before they are approved by the FDA for sale. The FDA’s changes now requires manufacturers of hip replacement systems to prove that their products are safe and effective before the FDA will allow them to continue to sell their medical devices. Four months after the FDA announced its regulatory changes, Johnson & Johnson said it would no longer sell metal-on-metal and ceramic-on-metal hip replacement systems, due, in part, to the FDA’s proposed regulatory changes and declining sales of the hip implant systems.
[bloomberg.com/news/2013-05-16/j-j-will-stop-sales-of-metal-on-metal-hip-replacements.html, Bloomberg.com, May 17, 2013]

Court documents regarding the bellwether trials for the MDL show that DePuy filed motions asking Judge Kinkeade for summary judgments regarding some of the plaintiffs’ claims, a motion to exclude testimony of six of the plaintiffs’ expert witnesses, a motion to quash deposition notices for two plaintiffs’ witnesses and a motion to dismiss the two bellwether cases because the court has no personal jurisdiction over DePuy or Johnson & Johnson. Judge Kinkeade issued three opinions on July 18th denying all of DePuy’s motions. In the order denying the motion to dismiss the cases, Judge Kinkeade said that the Texas court had jurisdiction over the defendants. The judge further wrote that the plaintiffs’ claims, such as the defendants’ failure to warn about the risks associated with the Pinnacle hip implants, raises issues of fact that should be decided at trial.

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