DePuy, J&J Denied Summary Judgment in Calif. Pinnacle Hip Action

SAN DIEGO — A California federal judge has denied defendants’ motion for summary judgment in a DePuy Pinnacle hip case, finding there are questions of fact as to whether the plaintiffs’ claims were timely and whether a different warning would have changed her surgeon’s decision to implant the device.

In a Nov. 8 order, Judge Janis Sammartino of the U.S. District Court for the Southern District of California also set a new schedule, scheduling a hearing for final pretrial conference and motions in limine for Aug. 21.

Barbara McCoy underwent right hip replacement in 2002, during which her surgeon, Dr. …