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James Humann

Multidistrict Litigation Update: Cook IVC Filter Bellwether Trial Moves Forward as Legal Teams Prepare for the First Bard IVC Filter Bellwether Trial

Legal practitioners are closely following the first Cook IVC filter bellwether case as it starts its third week of trial before U.S. District Judge Richard L. Young in the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570).

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 Court Denies Cook Medical’s Motion for Summary Judgment as to the Defective Design of its IVC Filter and Finds that Defendants Argued the Wrong Law 

With less than two weeks before the start of the first bellwether trial in the Cook Medical IVC multidistrict litigation, on October 10, 2017, the Court issued an Order denying Defendant Cook’s Motion for Summary Judgment as to negligence and strict liability design defect claims. The denial was at least partially due to the Defendant’s arguing the wrong legal standard under Florida law.

James Humann

MASS TORT UPDATE: District Court in Cook IVC Filter Litigation Denies Defendant’s Appeal to Block the Deposition of its Former President

The District judge held that a review of the sealed documents shows Cook’s former president was involved with the “strategic decisions regarding the enhancement of the Tulip filter and the development of the Celect filter to increase market share. … Most importantly, the documents reflect that he was aware of the risk that both IVC filters could perforate the wall of the vena cava.”

James Humann

COOK IVC FILTER UPDATE: Court Issues Third Amended Bellwether Trial Plan

With the recent $417 million dollar jury verdict against Johnson & Johnson in the California suit alleging the company’s talc-based baby powder causes ovarian cancer, many in the legal community will be closely watching the Cook IVC bellwether trials which […]

James Humann

MASS TORT UPDATE: $300 MILLION BENICAR SETTLEMENT

On August 1, 2017, the Daiichi Sankyo Company announced it has agreed to a $300 Million settlement related to its olmesartan product, Benicar. The manufacturer/defendant, Daiichi Sankyo, is a global pharmaceutical company with origins in Japan.  While agreeing to a […]

James Humann

Court Schedules Settlement Conferences for Cook IVC Litigation

The Cook Medical, Inc. IVC Filters Marketing, Sales Practices and Product Liability Litigation (MDL 2570) was established in the U.S. District Court for the Southern District of Indiana by the Judicial Panel of Multidistrict Litigation on October 15, 2014. Presently, […]

James Humann

Multi District Litigation Update – BARD IVC Filter Discovery Deadlines Set

Discovery deadlines have been set in IN RE: Bard IVC Filters Products Liability Litigation (MDL 2641). According to the Court’s December 22, 2016 Order, the final Bard IVC Bellwether Group 1 cases are scheduled to be chosen in late-April 2017 with […]

Virgilio Solis

Mass Torts vs Class Action: What’s the Difference?

Every day, thousands of people in the United States suffer from side effects caused by drug prescriptions. Consequently, these people find themselves in a constant struggle as they go through pain, embarrassment and insurmountable medical bills. However, many people choose […]

James Humann

Atrium C-QUR Hernia Mesh Lawsuits Consolidated in New Hampshire District Court

With a growing number of personal injury lawsuits pending nationwide on behalf of men and women suffering severe health issues following Artrium C-QUR hernia mesh surgery, on December 8, 2016, a panel of federal judges established a Multi-District Litigation (MDL […]