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April 27, 2018

Lanier’s “Deceptions” Led to New Trial

“Unequivocally deceptive” payments to two key expert witnesses by plaintiffs’ lawyer Mark Lanier were a key factor in the Fifth Circuit’s decision to order a new hip implant trial, Law360 reports.

Lanier told jurors in 2016 that two surgeons who testified on behalf of the plaintiffs did so on their own time and without compensation. After the trial, however, Lanier paid them $35,000 and $30,000, respectively, as a “thank you.” The court said this was “deception, plain and simple” and that a thank you payment “merely compounds the professional indiscretion.” Johnson & Johnson, the defendant company, said the payments gave the witnesses a “false aura of objectivity.”

John Beisner, the defendant’s attorney, said court’s reversal of the $151 million judgment “makes clear, the trial was rife with errors.”

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