In re Depuy Orthopaedics, Incorporated

At trial over allegedly defective hip implants, plaintiffs’ attorney repeatedly emphasizes that two plaintiffs’ experts, unlike the defense’s, are testifying for free. The jury finds against the manufacturer and its parent company, which must pay $151 mil. But wait! The experts (surgeons who happen to be father and son) did not testify for free; plaintiffs’ attorney concealed payments to them. District court: Yeah, but they only got paid a fraction of what defense witnesses got. Fifth Circuit: New trial. No $151 mil award. Separately, the district court also erred by allowing testimony about bribes to Saddam Hussein paid by another company (one of 265 in 60 countries and not a party to this litigation) owned by the parent company.

Tags: 2018, Evidence, Fifth Circuit, Products Liability

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.