Depuy Accused of Witness Tampering in Hip Implant Trial

Once again, Depuy has no regard for their sales reps and would do whatever it takes to win a lawsuit. Do not be the fall guy for Depuy and JNJ!


"This is a serious matter that requires serious-you know-serious treatment and has serious ramifications," U.S. District Judge Ed Kinkeade of the Northern District of Texas said during the hearing in his Dallas courtroom.

Kinkeade said he would not jump to conclusions, but "it is certainly disturbing and disconcerting to me."

The issue came up after orthopedic surgeon Dr. David Shein filed an affidavit in Alicea v. DePuy Orthopaedics Sunday night alleging that a DePuy Orthopaedics Inc. sales representative told him during a surgery-related conversation at his hospital in the Bronx on Oct. 13 that "there could be ramifications" for the doctor's medical practice in connection with his upcoming Dallas testimony.

Shein said in the affidavit that the sales rep complained to him that the lawyers were "peppering him" and the "business in Dallas was freaking [him] out." Shein said in the affidavit that the sales rep told him DePuy lawyers had contacted him on Oct. 12 and that the conversation made him anxious.

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The DOJ found no wrong doing but now the rep's reputation is tarnished. Should have kept his mouth shut and taken some anxiety medication instead of creating this mess for himself and his customer.

"DePuy has always known these allegations to be meritless, and is pleased that the matter has been resolved," the company said in a statement provided to Law360.

"We're certainly pleased with the U.S. attorney's office's decision and Judge Kinkeade's prior ruling," added Bill Mateja, the lawyer representing Brennan and Zogby. "We've known all along that there was never any evidence of witness tampering on our part, and are not surprised with either the U.S. attorney's office's decision or the court's prior ruling. The issue has now been put to rest here in Texas, and we're hopeful plaintiffs' counsel in other products liability cases who have attempted to exploit these patently false accusations against Drinker Biddle, Brennan and Zogby will cease as the assertions are baseless."

This rep needs to leave asap.

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Yea, the rep never should have come to the doctor like that. Did he really think that his friend (customer) wouldn't divulge the information with the lawyers? Now this rep is probably out of a job while the surgeon's life doesn't change at all.

The DOJ found no wrong doing but now the rep's reputation is tarnished. Should have kept his mouth shut and taken some anxiety medication instead of creating this mess for himself and his customer.

"DePuy has always known these allegations to be meritless, and is pleased that the matter has been resolved," the company said in a statement provided to Law360.

"We're certainly pleased with the U.S. attorney's office's decision and Judge Kinkeade's prior ruling," added Bill Mateja, the lawyer representing Brennan and Zogby. "We've known all along that there was never any evidence of witness tampering on our part, and are not surprised with either the U.S. attorney's office's decision or the court's prior ruling. The issue has now been put to rest here in Texas, and we're hopeful plaintiffs' counsel in other products liability cases who have attempted to exploit these patently false accusations against Drinker Biddle, Brennan and Zogby will cease as the assertions are baseless."

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The tampering allegations were not shared with the jury if memory serves me correct. The judge came to this financial conclusion without that evidence. Overall a good win for patients and a shitty situation for the rep.

Yea, the rep never should have come to the doctor like that. Did he really think that his friend (customer) wouldn't divulge the information with the lawyers? Now this rep is probably out of a job while the surgeon's life doesn't change at all.

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Good, now these patients can take all their money and get a real hip implant from Zimmer.

JNJ is the worst!

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The JNJ lawyers said the whole thing is overblown.

In a court filing, the companies said their lawyers had merely made a few phone calls to schedule a "routine, legal and legitimate" conversation with an employee of their client who might have knowledge pertinent to the litigation. They sharply criticized plaintiffs' counsel Mark Lanier of The Lanier Law Firm for making what they said was an "unjustified and unreasonable" extrapolation that a conspiracy to intimidate witnesses was afoot.

The tampering allegations were not shared with the jury if memory serves me correct. The judge came to this financial conclusion without that evidence. Overall a good win for patients and a shitty situation for the rep.

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The last Depuy Pinnacle Hip Implant bellwether trial resulted in a massive initial verdict of $1 billion, subsequently reduced by Judge Kinkeade to just over $500 million. No wonder JNJ lawyers are acting this way.

JNJ and Depuy got what they deserve!

Jury Returns $247M Verdict Against DePuy in Case Over Hip Implant Defect | Texas Lawyer

Johnson & Johnson got hit with a $247 million verdict on Thursday in the fourth bellwether trial over its hip implants. A federal jury in Dallas…

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This whole thing is like out of a movie.

The last Depuy Pinnacle Hip Implant bellwether trial resulted in a massive initial verdict of $1 billion, subsequently reduced by Judge Kinkeade to just over $500 million. No wonder JNJ lawyers are acting this way.

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In a motion filed yesterday, DePuy attorneys Jessica Brennan and Michael Zogby said that Brennan's contact with Swajger was limited to brief phone conversations confirming his availability for a conference call to discuss the case.

"At no time during Ms. Brennan's aforementioned calls to Mr. Swajger, or on Mr. Swajger's call to her, did she request that Mr. Swajger do anything other than be available for a conference call with the trial team. She certainly did not tell Mr. Swajger to do anything or to communicate with Dr. Shein. She merely explained that the trial team wanted to visit with him, explained why, and worked through the timing of such call given Mr. Swajger's busy schedule," according to the motion.

This whole thing is like out of a movie.

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The loyalty ends when the JNJ lawyers come. I've had to meet with the JNJ lawyers before (case wasn't about me) and the first thing they said was the defendant (surgeon) is not your friend. They didn't care how close you were with them. They basically said that the surgeon will rat you out in a heartbeat to save their ***.

I bet the JNJ lawyers whipped this rep into a frenzy because he got scared and went to see the surgeon the next day.

Interesting though, first thing the surgeon did was to have his lawyer file a affidavit that would save his ***.

What happened to the rep? Now he's in hot water.

Ask any of the Acclarent reps who had to interview with the JNJ lawyers how they treat employees. It's not good.

Show Language

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The JNJ lawyers said the whole thing is overblown.

In a court filing, the companies said their lawyers had merely made a few phone calls to schedule a "routine, legal and legitimate" conversation with an employee of their client who might have knowledge pertinent to the litigation. They sharply criticized plaintiffs' counsel Mark Lanier of The Lanier Law Firm for making what they said was an "unjustified and unreasonable" extrapolation that a conspiracy to intimidate witnesses was afoot.

"And the prospect for abuse is substantial in light of Mr. Lanier's already-expressed and overblown views of the facts," they said.

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The loyalty ends when the JNJ lawyers come. I've had to meet with the JNJ lawyers before (case wasn't about me) and the first thing they said was the defendant (surgeon) is not your friend. They didn't care how close you were with them. They basically said that the surgeon will rat you out in a heartbeat to save their ***.

I bet the JNJ lawyers whipped this rep into a frenzy because he got scared and went to see the surgeon the next day.

Interesting though, first thing the surgeon did was to have his lawyer file a affidavit that would save his ***.

What happened to the rep? Now he's in hot water.

The JNJ lawyers said the whole thing is overblown.

In a court filing, the companies said their lawyers had merely made a few phone calls to schedule a "routine, legal and legitimate" conversation with an employee of their client who might have knowledge pertinent to the litigation. They sharply criticized plaintiffs' counsel Mark Lanier of The Lanier Law Firm for making what they said was an "unjustified and unreasonable" extrapolation that a conspiracy to intimidate witnesses was afoot.

Show Language

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Where ya at Tommy? Do your job!

Tommy W is his manager?

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The rep/surgeon loyalty ends when the FBI comes calling.

The loyalty ends when the JNJ lawyers come. I've had to meet with the JNJ lawyers before (case wasn't about me) and the first thing they said was the defendant (surgeon) is not your friend. They didn't care how close you were with them. They basically said that the surgeon will rat you out in a heartbeat to save their ***.

I bet the JNJ lawyers whipped this rep into a frenzy because he got scared and went to see the surgeon the next day.

Interesting though, first thing the surgeon did was to have his lawyer file a affidavit that would save his ***.

What happened to the rep? Now he's in hot water.

Show Language

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The rep/surgeon loyalty ends when the FBI comes calling.

Where ya at Tommy? Do your job!

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Will Shein have his back or will he hang Glen out too?

The rep/surgeon loyalty ends when the FBI comes calling.

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