DePuy, J&J Move for Judgment on Warning Claims in Pinnacle Hip Bellwether Trial

DALLAS — DePuy Orthopaedics Inc. and Johnson & Johnson have moved for judgment as a matter of law on failure-to-warn and fraud claims in the fourth bellwether Pinnacle hip trial, arguing that plaintiffs failed to offer competent expert testimony that their warnings were inadequate.

In the Nov. 12 motion filed in the U.S. District Court for the Northern District of Texas, the defendants further argued that two of the six plaintiffs also failed to present evidence that their surgeons relied on any of defendants’ marketing material or that a different warning would have affected their decisions to use the Pinnacle …