Johnson & Johnson and its DePuy Orthopaedics unit have asked a federal appeals court to halt an upcoming bellwether trial over their Pinnacle metal-on-metal hip implants until their challenges to a previous $502 million verdict are resolved.
In a petition for a writ of mandamus filed Thursday in the 5th U.S. Circuit Court of Appeals, J&J said the Texas judge overseeing multidistrict litigation for Pinnacle hips had “abused the bellwether process” by scheduling a trial involving as many as seven different plaintiffs to start Sept. 6. Allowing that to go forward would be costly, counterproductive and potentially prejudicial, the company argued.
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