On May 23, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all DePuy Pinnacle hip implant lawsuits pending in federal courts be consolidated and centralized in the U.S. District Court for the Northern District of Texas and assigned to Judge James E. Kinkeade.  The JPML reached this decision after hearing oral arguments on May 16, 2011.  On March 25, 2011, Catherine Falvey, a plaintiff in one of the DePuy Pinnacle hip implant lawsuits, filed a motion to consolidate three related actions in the Central District of California or, in the alternative, the Southern District of Texas.

Analysis of the JPML’s Order to Form a DePuy Pinnacle Hip Implant MDL

Although the JPML noted that there are at least 54 additional related DePuy Pinnacle hip implant lawsuits pending in federal courts nationwide, Falvey only requested that three of the DePuy Pinnacle hip implant lawsuits be consolidated into an MDL.  In a footnote to the order, the JPML acknowledged that they were “unclear as to why moving plaintiff failed to include any of these earlier-filed actions . . . Regardless, these actions and any other related actions are potential tag-along actions.”  The JPML found that all of the DePuy Pinnacle hip implant lawsuits “share factual questions as to whether DePuy’s Pinnacle Acetabular Cup System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether defendants failed to provide adequate warnings concerning the device.”  Thus, the JMPL ordered the formation of a DePuy Pinnacle hip implant MDL because it “will eliminate duplicative discovery, prevent inconsistent rulings on discovery and other issues, and conserve the resources of the parties, their counsel and the judiciary.”  

While certain plaintiffs opposed defendants’ request that the DePuy Pinnacle hip implant MDL include all configurations of the Pinnacle Acetabular Cup System, the JPML ordered that all federal DePuy Pinnacle hip implant lawsuits be centralized, leaving the transferee judge to “further refine the issues and closely scrutinize the arguments of the parties regarding the inclusion of metal-on-metal and other configurations,” and determine whether certain actions should be remanded.  Thus, for the time being, all of the pending federal DePuy Pinnacle hip implant lawsuits will be included in the newly established DePuy Pinnacle hip implant MDL.  

DePuy Pinnacle Hip Implant Lawsuits

If you or a loved one has experienced any problems because of a defective DePuy Pinnacle hip system, you may be able to file a DePuy Pinnacle lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential DePuy Pinnacle lawsuit evaluation.  The lawyers at Bernstein Liebhard LLP have extensive litigation experience, and have recovered billions of dollars for their clients.  In addition to being staunch advocates for your claim, our DePuy Pinnacle hip replacement injury lawyers also provide personal attention to guide you through the complex litigation process.

   

Published November 17, 2011 by