Consolidation of Pinnacle Cases Is The Right Decision for DePuy
New products that are poorly planned or designed may be utilized for innovative techniques to improve upon the traditional hip replacement devices in order to make surgeries less difficult. As a result of these defects, hip replacement manufacturers, such as DePuy Orthopaedics, are currently facing litigation regarding their products.
Although DePuy Orthpaedics has been one of the leading manufacturers of medical devices for over a hundred years, there has been increasing public outcry against the company over allegations that its products are defective. After the company initiated a recall of its ASR hip replacement device last fall, Depuy now faces multiple lawsuits regarding the Pinnacle hip replacement system, an older model that has been on the market since 2003. One of the first lawsuits claiming that the product is defective was filed by plaintiff Christine Falvey in the U.S. District court for the Central District of California.
The Judicial Panel on Multidistrict Litigation (JPML) received a petition from the plaintiff for the consolidation of all federal Pinnacle lawsuits into one multidistrict litigation (MDL). Ms. Falvey also requested that the MDL be assigned to either the U.S. District Court for the Southern District of Texas or the Central District of California. DePuy responded on April 18th by requesting that the MDL be tried in the U.S. District Court for the Northern District of Texas. While the JPML has yet to pass its ruling, it plans on making its decision by May 16th.
MDL is designed to expedite the resolution of multiple cases that are related and that have been filed in several jurisdictions. In order to be eligible for MDL, these multiple cases have to share at least one common question of fact and prove that consolidation would “serve the convenience of parties and witnesses.” When deciding whether to initiate MDL, courts will additionally consider if such an action would “promote the just and efficient conduct of such actions.” Both the plaintiff and DePuy agree that MDL is the right decision for the sake of both convenience and efficiency.
Recipients that have suffered harm from a Pinnacle hip replacement may pursue a DePuy Pinnacle lawsuit. DePuy has set aside as much as $1 billion in the past for those who have been affected. To find out if you could get compensated for your injuries, visit the DePuy Pinnacle lawsuit website for a free consultation with an experienced lawyer.