Defendants Move For Mistrial in Pinnacle Hip Trial, Citing Improper Reference to Other Lawsuits

DALLAS — DePuy and Johnson & Johnson have moved for a mistrial in the 4th bellwether Pinnacle hip trial on the basis that plaintiffs’ counsel has repeatedly referred to other lawsuits involving defendants' metal-on-metal hip implants.

In an Oct. 11 motion filed in the U.S. District Court for the Northern District of Texas, defendants contend that the existence of other lawsuits involving the Pinnacle Ultamet and ASR implants has no relevance to the claims being tried in the cases at issue, and is highly prejudicial.

“Indeed, plaintiffs’ counsel’s improper questioning has effectively invited the jury to decide these cases based …