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.
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.