Ky. Judge Says MDL Verdicts do Not Have Preclusive Effect in Pinnacle Hip Case

FRANKFORT, Ky. — A Kentucky federal judge has refused to apply nonmutual offensive collateral estoppel to design defect claims in a DePuy Pinnacle hip case, ruling that three plaintiffs’ verdicts in the multidistrict litigation do not have preclusive effect in the action.

In an April 4 order, Judge Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky agreed with DePuy that doing so would be unfair, adding that he “declines to don blinders in the face of inconsistent judgments.”

Pollyann Coblin sued DePuy Orthopaedics Inc. n/k/a Medical device Business Services in the U.S. District …