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Cancellation Requested By Judicial Panel In Depuy Hip Trial

Did Judge Error In Depuy Hip Trial?

September 5, 2017
A panel of the Fifth Circuit Court has opined that a federal judge committed an error in a trial concerning allegedly defective Johnson & Johnson hip implant devices, and thus requested that an upcoming trial over the matter be cancelled.

The panel’s request comes upon its consideration that U.S. District Judge Ed Kinkeade erred in ruling that Johnson & Johnson had waived its right to object to his Texas court holding trials for plaintiffs from other states. The bellwether trial had been set to begin on September 5, and would include eight plaintiffs from New York who claim that the Ultamet hip implant – manufactured by Johnson & Johnson subsidiary DePuy – had been the cause of their serious injuries.

The statement from the panel was a request, not an order, so it is not legally binding. Johnson & Johnson, the panel ruled, has not yet demonstrated that it had no other means to attain the relief that it seeks.

Judge Kinkeade delayed the start of the trial to September 18 but has not cancelled the trial.

The central issue in the trial is whether the DePuy Ultamet hip implant device, with its metal-on-metal construction, was the cause of the injuries and health problems that the plaintiffs say they have suffered.

Johnson & Johnson won the first bellwether trial in the Multi-District Litigation (MDL) Case. It lost the second, in Texas, and was ordered to pay $502 million, a sum later reduced to $150 million. The company lost the third bellwether trial, as well, and was ordered in that case to pay more than $1 billion, a sum later reduced to $543 million.

Thousands of cases remain to be heard in the large and complex trial.

Metal-on-metal hip implant devices have been linked with a number of serious medical conditions, including infection, revision surgery, and a toxic condition called metallosis.

If you have a DePuy Ultamet hip implant device, or any other hip replacement, you may be able to join a lawsuit. Contact right away so we can help you with your case.

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