Last week, the remainder of Dr. Nargol’s video deposition was played following the conclusion of Dr. Fisher’s testimony.
On Monday, September 22nd, Dr. Henrik Malchau, an orthopedic surgeon and professor at Harvard, took the stand. He performed two of the plaintiff’s revision surgeries. The jury watched a video of one of the revisions. Dr. Malchau described the surgery from the stand. He mentioned pervasive metal stained tissue and grossly abnormal fluid. His testimony continued, and subsequently concluded, on Tuesday, September 23rd. The jury then watched a video from the index surgeon, Dr. Allmacher.
Kathy Paoli, the plaintiff, took the stand on Wednesday, September 24th. Afterwards, Dan Bagwell, a Certified Life Care Planner and Certified Disability Management Specialist, took the stand.
On Thursday, September 25th, Mr. Bagwell’s testimony concluded. His testimony was followed by Dr. Altwell, a Neurologist, and Rehabilitation and Life Care Planning expert, Scott Bayley, a CPA, and John Paoli, the plaintiff’s husband.
Hi, I’m Bill Kershaw with Kershaw|Talley. Stuart Talley and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.
We had a status conference on August 21st. We addressed a number of issues at the status conference. Approximately four thousand cases are filed in various courts nationwide. We were meeting in the multi district litigation (MDL) in St. Paul, Minneapolis. There are two thousand cases pending in St. Paul, and we are currently engaging in discovery. We are taking depositions of corporate representatives on various scientific subjects, and electronic storage of information subjects which are central to the trials. We are also in the process of selecting Bellwether cases or test cases. A bellwether trial is a selection of representative sample of cases tried in front of a jury. Bellwether cases are normally demonstrative of matters which may arise in every injured party’s case. We are picking roughly twelve cases and they will go to trial next summer. Those cases will inform us how to handle many of the other cases pending since thousands of cases cannot be tried. The hope is these cases provide a blueprint how to resolve litigation later on. The Plaintiff’s Steering Committee believes it is critical we obtain discovery and understand what is happening with the cases before we settle.
The next status conference is September 22nd. We have reached an agreement with Stryker with respect to foreign entities to toll the statute of limitations for any claims against those entities so any claims those individuals have might have will be preserved going forward.
On September 14th, the defendants filed a Motion for Mistrial concerning Dr. Nargol’s testimony. The plaintiffs filed their response on September 15th. The court then denied the Motion for Mistrial and request to disregard Dr. Nargol’s testimony. Subsequently, Pam Plouhar, DePuy V.P. of Clinical Research, took the stand. Ms. Plouhar’s testimony continued on Tuesday, September 16th. Wednesday, September 17th was Plouhar’s third day on the stand. She was examined by both plaintiffs and defendants. She was dismissed that same day, and will not return for further questioning.
On Thursday, September 18th, Dr. John Fisher, defense tribologist, took the stand (a tribologist studies the science of rubbing surfaces). He has strong ties with J&J and DePuy. His testimony occupied the entire day.
On Monday, September 8th, Polly Cary, Product Director of Marketing, took the stand via video deposition. Matt Reimink, a manager of the hip project division group, followed with his video deposition which continued on Tuesday, September 9th.
September 9th also included Paul Berman, former Marketing Director of DePuy, provided his deposition via video and Dr.Thomas Schmalzried who took the stand in the afternoon. Dr.Schmalzried is an orthopedic design surgeon who entered a consulting agreement with DePuy in 1996.
Dr. Schmalzried’s testimony continued throughout the day on Wednesday, September 10th. The first portion of Mark Lanier’s examination of Dr. Scmalzried ended on September 10th. Schmalzried has not been dismissed as a witness, and he will return to trial at a later time in order for Lanier to complete his examination. The defense will then begin their examination of Schmalzried.
The jury viewed Dr. Antoni Nargol’s video deposition on Thursday, September 11th. Dr. Nargol is an orthopedic surgeon, specializing in hip surgery, from England. His testimony occupied the entire day.
Tuesday, September 2, 2014 marked the first bellwether trial regarding the Johnson & Johnson (J&J) DePuy Pinnacle metal on metal hip implant.
Jury selection occurred on September 2nd. The trial proceeded with a nine member jury composed of five women and four men, including an attorney and a PhD pharmacist. Mark Lanier is the lead plaintiff’s attorney.
On Wednesday, September 3, opening statements occupied the morning. In the afternoon, Andrew Ekdahl, ex-DePuy President, took the stand. He was head of marketing during key periods in question. Currently, he is chairman of DePuy Synthes unit’s global orthopedic business. Ekdahl implies this is a promotion from his previous position. His testimony monopolized all of Wednesday afternoon as well as Thursday, September 4. Trial is not held on Fridays.
The trial is anticipated to last approximately 6-8 weeks.
Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.
Broadspire is a company hired by Stryker to deal with victims of the ABG II and Rejuvenate recall. There are approximately 25,000 people with recalled hips. Since these hips are recalled, individuals are incurring a lot of out of pocket expenses for medical bills.
If you have a Stryker Rejuvenate or ABG II, you were probably contacted by Broadspire. It is essential to comprehend that Broadspire works for Stryker. As a result, anything you share with a Broadspire adjuster can, and maybe, used against you once you are involved in subsequent litigation. Therefore, keep this in mind when communicating with any Broadspire employee.
We have clients contact us saying that Broadspire sent them paperwork to release their claims. Once you sign a document releasing your claim, you can NEVER sue Stryker. You will be out of luck if you have issues or complications in the future secondary to the recalled hip.
You need to proceed with caution when dealing with Broadspire. We recommend that our clients do NOT deal with Broadspire. Instead, we deal with them. We deal with Broadspire for FREE and part of representing our clients through this difficult time. We do not take anything Broadspire provides to our clients.
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