Dallas Fort Worth Injury Lawyer Blog
As a DePuy Pinnacle hip lawsuit attorney, I am providing this update regarding the location of the MDL centralization.
All federal lawsuits over DePuy Pinnacle hip replacement problems have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, which will be centralized in the U.S. District Court for the Northern District of Texas.
The U.S. Judicial Panel on Multidistrict Litigation issued an order establishing the MDL, which will result in the transfer of at least 57 DePuy Pinnacle hip lawsuits currently pending in federal district courts throughout the United States.
The litigation will be centralized before Judge Kinkeade for coordinated handling. In addition, as new complaints are filed by individuals who have experienced problems with a DePuy Pinnacle hip replacement, those cases will also be transferred to the Northern District of Texas for pretrial proceedings.
All of the lawsuits involve similar allegations that the DePuy Pinnacle Acetabular Cup System was defectively designed or manufactured, and that inadequate warnings were provided about the risk of complications or problems following hip replacement.
The MDL Panel determined that the actions all involve common questions of fact and that centralization of the cases will serve the convenience of the parties and witnesses, as well as promote the just and efficient conduct of the litigation. Establishing a DePuy Pinnacle Hip MDL will also help eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, the lawyers and the court.
The Panel selected the Northern District of Texas for the DePuy Pinnacle MDL because it is a geographically central location and has favorable docket conditions. The cases will be assigned to Judge Kinkeade, who is currently presiding over at least one of the cases, as the Panel determined that Judge Kinkeade has a current caseload conducive to handling the litigation.
Although plaintiffs requested that the centralized proceedings only include the DePuy Pinnacle metal-on-metal hip replacements, excluding those that use a polyethylene liner, the Panel determined that at this early stage the scope of the docket will not be limited. Therefore, lawsuits over all configurations of the DePuy Pinnacle Acetabular Cup System will be included as part of the MDL, as the manufacturer requested.
Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 214-390-3189. If you or a loved one has been injured from DePuy Pinnacle hip replacement problems, please fill out our contact card for a free consultation.