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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: Blood Clot Filter Litigants Prepare for First Bard IVC Filter Bellwether Trial

With over 3,000 Bard IVC filter lawsuits pending in multidistrict litigation 02641 (MDL 2641) in the U.S. District Court for the District of Arizona, plaintiff and defense counsel are busily engaged in final pretrial motion practice on the eve of the first Bard IVC bellwether trial which is set to begin on March 13, 2018 (Sherr-Una Booker v. C.R. Bard, Inc., 16-CV-474).

James Humann

IVC FILTER UPDATE: Court Issues Pretrial Order for BARD IVC Blood Clot Filter Litigation

On January 12, 2018, the District Court overseeing thousands of IVC filter lawsuits against medical device maker C. R. Bard issued an Order for jury selection in advance of the multidistrict litigation’s first bellwether trial ­ – Sherr-Una Booker v. C. R. Bard Incorporated and Bard Peripheral Vascular Incorporated (2:16-cv-00474).

James Humann

IVC FILTER UPDATE: COURT ISSUES SCHEDULING ORDER IN BLOOD CLOT FILTER LITIGATION

On January 9, 2018, U.S. District Judge Richard L. Young issued a Scheduling Order in Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570. This is the second bellwether case scheduled for trial against Cook Medical for injuries caused by its inferior vena cava filter products.

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

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

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 […]