Mark Lanier.

A federal judge said he would bring in the U.S. Attorney's Office and the FBI to interview witnesses after plaintiffs attorney Mark Lanier raised concerns Monday about possible witness tampering in a hip implant bellwether trial in Dallas.

The trial concerns hip implants made by DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson.

“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.

“He said the lawyers were 'on him like crazy.' They were putting 'big time pressure' on him,” Shein wrote in the affidavit about his conversation with the sales rep.

Lanier, who is the founder of Lanier Law Firm in Houston, is lead lawyer for the six plaintiffs in the hip implant trial that began on Sept. 19. He told Kinkeade, according to a transcript of the hearing, that the information in Shein's affidavit is very alarming.

“It is extremely concerning to me when there are requirements under the federal law, as well as state law, that witnesses not be tampered with, that—that it's a serious felony, that it involves prison time, that it cuts to the core of who we are as a people and what our courts are about,” Lanier said.

Lanier, who had planned to put Shein on the witness stand until he learned of the information in the doctor's affidavit, told Kinkeade he would not have Shein testify on Monday. He cited various reasons: Shein's friendship with the sales rep,  the fact that lawyers for DePuy had spoken with the sales rep, and the fact that the sales rep told Shein he still believes in metal-on-metal implants.

Lanier said it's the kind of stuff that's in books or movies.

“There's no way as a lawyer I can put this witness on the stand in light of that type of pressure and in light of … that type of pressure and in light of — of that type of — intimidation, and in light of that type of settled psychological manipulation of his testimony, as I perceive it,” Lanier said.

He said it “shows a great measure of flippant disregard for this court.”

Lanier told Kinkeade he isn't sure what relief he will request based on Shein's affidavit.

Defense attorney Steven Quattlebaum, managing member of Quattlebaum, Grooms & Tull in Little Rock, Arkansas, did not immediately respond to a request for comment. In court, however, Quattlebaum told Kinkeade he wants to know the “whole facts,” according to the transcript.

Quattlebaum told Kinkeade he was angry Lanier insinuated it was improper for DePuy's lawyers to talk to the sales rep, who is an employee, before Shein's deposition.

“The insinuation that there's some impropriety in talking to our employee, and the insinuation is that we somehow directed the employee to go do something improper, with no facts to back that up whatsoever, is what makes me angry,” Quattlebaum said in court.

Quattlebaum told Kinkeade he was in on a call with the sales rep on the afternoon of Oct. 13, hours after he allegedly spoke to Shein. But he is aware that some other lawyers did call the sales rep a few days earlier to set up the Oct. 13 call. Quattlebaum said the goal of that call was to determine from the sales rep if he still had a good relationship with Shein and if the doctor was still using DePuy products.

Kinkeade said he wants the U.S. Attorney's Office and the FBI to interview the sale rep and any lawyer who had contact with him.

Another member of DePuy's defense team, John Beisner, a partner in Skadden Arps Slate Meagher & Flom in Washington, D.C., said, “We take all our legal obligations and responsibilities very seriously, and do not believe there is any basis for these accusations. We have acted appropriately towards all witnesses involved in this litigation.”

Quattlebaum asked Kinkeade to issue a gag order on the witness issue “because we think that public dissemination of this information runs a serious risk of contaminating the trial and rendering a fair trial impossible.”

Lanier said he was “strongly opposed” to a gag order on the witness issue.

Kinkeade denied the motion.

 

Mark Lanier.

A federal judge said he would bring in the U.S. Attorney's Office and the FBI to interview witnesses after plaintiffs attorney Mark Lanier raised concerns Monday about possible witness tampering in a hip implant bellwether trial in Dallas.

The trial concerns hip implants made by DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson.

“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.

“He said the lawyers were 'on him like crazy.' They were putting 'big time pressure' on him,” Shein wrote in the affidavit about his conversation with the sales rep.

Lanier, who is the founder of Lanier Law Firm in Houston, is lead lawyer for the six plaintiffs in the hip implant trial that began on Sept. 19. He told Kinkeade, according to a transcript of the hearing, that the information in Shein's affidavit is very alarming.

“It is extremely concerning to me when there are requirements under the federal law, as well as state law, that witnesses not be tampered with, that—that it's a serious felony, that it involves prison time, that it cuts to the core of who we are as a people and what our courts are about,” Lanier said.

Lanier, who had planned to put Shein on the witness stand until he learned of the information in the doctor's affidavit, told Kinkeade he would not have Shein testify on Monday. He cited various reasons: Shein's friendship with the sales rep,  the fact that lawyers for DePuy had spoken with the sales rep, and the fact that the sales rep told Shein he still believes in metal-on-metal implants.

Lanier said it's the kind of stuff that's in books or movies.

“There's no way as a lawyer I can put this witness on the stand in light of that type of pressure and in light of … that type of pressure and in light of — of that type of — intimidation, and in light of that type of settled psychological manipulation of his testimony, as I perceive it,” Lanier said.

He said it “shows a great measure of flippant disregard for this court.”

Lanier told Kinkeade he isn't sure what relief he will request based on Shein's affidavit.

Defense attorney Steven Quattlebaum, managing member of Quattlebaum, Grooms & Tull in Little Rock, Arkansas, did not immediately respond to a request for comment. In court, however, Quattlebaum told Kinkeade he wants to know the “whole facts,” according to the transcript.

Quattlebaum told Kinkeade he was angry Lanier insinuated it was improper for DePuy's lawyers to talk to the sales rep, who is an employee, before Shein's deposition.

“The insinuation that there's some impropriety in talking to our employee, and the insinuation is that we somehow directed the employee to go do something improper, with no facts to back that up whatsoever, is what makes me angry,” Quattlebaum said in court.

Quattlebaum told Kinkeade he was in on a call with the sales rep on the afternoon of Oct. 13, hours after he allegedly spoke to Shein. But he is aware that some other lawyers did call the sales rep a few days earlier to set up the Oct. 13 call. Quattlebaum said the goal of that call was to determine from the sales rep if he still had a good relationship with Shein and if the doctor was still using DePuy products.

Kinkeade said he wants the U.S. Attorney's Office and the FBI to interview the sale rep and any lawyer who had contact with him.

Another member of DePuy's defense team, John Beisner, a partner in Skadden Arps Slate Meagher & Flom in Washington, D.C., said, “We take all our legal obligations and responsibilities very seriously, and do not believe there is any basis for these accusations. We have acted appropriately towards all witnesses involved in this litigation.”

Quattlebaum asked Kinkeade to issue a gag order on the witness issue “because we think that public dissemination of this information runs a serious risk of contaminating the trial and rendering a fair trial impossible.”

Lanier said he was “strongly opposed” to a gag order on the witness issue.

Kinkeade denied the motion.