Pinnacle Plaintiffs File Brief Supporting Appeal of Order Reducing $502 Million Verdict; Say Reduction Violates ‘Open Court’s Provision

NEW ORLEANS –– Plaintiffs involved in the appeal of a $502 million Pinnacle Hip Implant verdict have filed a reply brief supporting their position that the Texas statute limiting damages is unconstitutional and “deprives Texas plaintiffs of their right to have a jury determine the amount a grossly negligent defendant should pay for injuring them while at the same time substituting a new amount formulaically derived from the plaintiff’s economic status.”

In a May 15 brief filed with the 5th Circuit U.S. Court of Appeals, the plaintiffs argued that “when it comes to assessing punishment for gross negligence, Texas ‘tort …