Plaintiffs Oppose DePuy’s Motion for Mistrial in 4th Pinnacle Hip Action

DALLAS — In their opposition to defendants’ motion for a mistrial in the 4th bellwether Pinnacle hip action, plaintiffs argue that they should be permitted to refer to other lawsuits involving DePuy’s metal-on-metal hip implants because they involve the same device and similar injuries.

In an Oct. 15 response filed in the U.S. District Court for the Northern District of Texas, plaintiffs further argue that they did not violate an in limine order barring reference to other lawsuits, because that order only applies to lawsuits that are not related to the instant action.

“In medical-device defect cases, federal courts have …