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James Humann

IVC FILTER UPDATE: Second Bard IVC Bellwether Case Moves Forward as MDL Judge Narrows the Issues for Trial

Currently, there are thousands of personal injury cases pending against Bard in the MDL and the first bellwether trial, Sherr-Una Booker v. C.R. Bard, Inc., et al., will soon be in the hands of an Arizona jury. Recently, District Judge David G. Campbell issued a ruling on Bard’s summary judgment motion that will define the issues for the second bellwether trial which is currently scheduled to begin on May 15, 2018.

James Humann

Complications Associated with Bard’s Recovery IVC Filter May be Introduced in Upcoming Trial Concerning Bard’s G2 IVC Filter

On March 1, 2018, the Court ruled that evidence of the Bard Recovery IVC filter problems may be introduced during the first bellwether trial in multidistrict litigation 2641 (MDL 2641). The Court stated that it would be difficult to try the Booker case without evidence of the Recovery filter and the problems it encountered. Accordingly, Bard’s motion to exclude the evidence was denied and reported problems with the Bard Recovery filter will be fair play in the Booker trial next week.

James Humann

Hernia Mesh Litigation Moves Forward as MDL Court Establishes Case Selection Timeline and Bellwether Date for Ethicon Physiomesh

Hernia Mesh Litigation Moves Forward as MDL Court Establishes Pretrial Timeline and Bellwether Date for Ethicon Physiomesh. After years of battling transvaginal mesh lawsuits, Johnson & Johnson subsidiary Ethicon finds itself at the forefront of the expanding litigation over defective hernia mesh products.

James Humann

COOK IVC FILTER UPDATE: MDL Court Denies Cook’s Motion to Sever and Orders Remand of Blood Clot Filter Cases to State Court Based on the Forum Defendant Rule

The U.S. District Court in the Southern District of Indiana ordered remand for several Cook IVC filter cases that had been improperly removed to the multidistrict litigation (MDL 2570) from their respective state courts in South Dakota, Texas, and California.

The central question decided by District Judge Richard L. Young was whether medical malpractice claims against in-state implanting physicians should be severed from the product liability claims against the manufacturer.

James Humann

MASS TORT UPDATE: Court Issues Pretrial Order in Bard Blood Clot Filter Litigation

According to the Order issued in Multidistrict Litigation 2641 (MDL 2641) the first BARD IVC Filter bellwether case – Sherr-Una Booker v. C. R. Bard Incorporated and Bard Peripheral Vascular Incorporated (2:16-cv-00474) – is set to begin trial on March 14, 2018.

James Humann

MASS TORT UPDATE: Surgical Infection Injuries and Heater-Cooler Devices Used During Cardiac Surgery

Patients who underwent open-chest surgery and subsequently suffered from serious bacterial infections are filing lawsuits against LivaNova PLC (formerly Sorin Group Deutschland GmbH), the manufacturer responsible for the Stockert 3T Heater-Cooler System. New studies indicate that the Stockert 3T devices were likely contaminated during the manufacturing process with the rare bacteria called Mycobacterium chimaera (M. chimaera).

James Humann

MDL UPDATE: Xarelto Bellwether Trials Set to Begin This Spring

On January 30, 2017, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana issued Case Management Order No. 2D which reset the start dates for the first four Bellwether trials. These four cases were […]