Defendants Denied Summary Judgment on Punitive Damages Claims in Pinnacle Hip Cases

DALLAS — The judge overseeing the fourth bellwether trial in the Pinnacle hip implant MDL has denied without prejudice DePuy’s motion for summary judgment on the plaintiffs’ punitive damages claims, explaining there are questions of fact as to defendants’ alleged conduct.

On Sept. 18, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Dallas also ordered the parties to submit additional briefing on the issue of whether Indiana, New Jersey or New York law applies to the punitive damages claims.

The plaintiffs, New York residents Ramon and Carole Alicea, Aviva and Uriel Barzel, Denise and Frank …