The Pinnacle Hip Implant MDL And The Expert Debacle

When we described for you ( here and here) the briefing on the appeal of the half-billion-dollar verdict in the Pinnacle Hip Implant MDL's second bellwether trial, we left out maybe the most intriguing issue. This is one the likes of which we have not seen before: the case of the unpaid experts who were paid. Well, not really paid. They received a "thank you." In the form of money. So, yeah, paid. This unpaid paid expert issue was serious enough to trigger a motion for a new trial from defendants under FRCP 60(b) (3). The denial of that motion is now part of the appeal.

Defendants' opening appellate brief describes the issue in some detail. At trial, plaintiffs' counsel repeatedly argued or elicited testimony in front of the jury that two of plaintiffs' expert witnesses were not paid, contrasting them to defendants' experts whom plaintiffs' counsel described as giving "bought testimony." If true, we see why plaintiffs' counsel would stress this point to the jury.