The trial against DePuy involving 8 New York plaintiffs injured by DePuy Pinnacle hip implants has been postponed. The trial was set to occur today on September 5th, 2017 before U.S. District Judge Ed Kinkeade in the Northern District of Texas. Judge Kinkeade currently presides over 9,300 cases alleging DePuy’s Pinnacle hip implants are defective. DePuy has lost 2 prior jury trials in Judge Kinkeade’s courtroom, resulting in over $1.5 billion verdicts against DePuy for its defective him implant products.
After suffering two major losses, DePuy now argues that the Texas court does not have jurisdiction (authority) over trials involving these 8 New York plaintiffs. At issue is the venue, or location of trial. Plaintiffs argue that DePuy previously waived venue, and thus these cases can proceed in Texas before Judge Kinkeade. DePuy argues they only waived venue for previous plaintiffs to proceed to trial in Dallas. A panel of judges from the Fifth Circuit will later review and rule on this matter.
A copy of the request for rehearing before the Fifth Circuit can be found here.