Hi, I am Stuart Talley. I am the partner responsible for the prosthetic hip litigation. I am providing an update on the Wright Medical metal on metal hip litigation. There are thousands of filed cases and they are consolidated in Atlanta, Georgia. The first Wright Conserve hip trial takes place on March 9, 2015.
Currently, there are multiple deadlines to prepare for the trial date. The first deadline is “dispositive motions”. Dispositive motion is a motion seeking to dispose all or part of a claim. Dispositive motions are generally filed by the defendant(s). The deadline for filing this motion is January 9, 2015. We fully expect Wright Medical to file a dispositive motion.
The next motion deadline regards a “daubert motion”. Defendants and plaintiffs can file daubert motions. A daubert motion is a special type of motion. It is raised before or during trial, and seeks to exclude expert testimony and the presentation of unqualified evidence to the jury. There are certain circumstances where defendants and plaintiffs will submit expert testimony from doctors or scientists. The daubert motion is employed by a party to potentially exclude testimony. Daubert motion in these cases is important. Expert testimony is critical to a plaintiff’s ability to prove their case.
The next deadline is “motions in limine”. Motion in limine is a motion filed by a party asking the court for an order or ruling limiting or preventing the other side from presenting certain evidence at the trial of the case.
The daubert motions and motions in limine will be submitted at the pre-trial conference on February 26, 2015. The pre-trial conference is a hearing held before the judge. The judge typically rules on the dispositive motions, daubert motions, and motions in limine. After the hearing, you have a good idea how your case looks for the Wright Conserve hip trial. We are confident the motions filed by the defendants will be unsuccessful. The cases are very strong and we think the first case going to trial will be successful.