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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: 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).

Virgilio Solis

MDL 2592 UPDATE: Xarelto Bellwether Trials

It has been about 4 years since the first Xarelto complaint was filed. In December 2014, a multidistrict litigation (MDL 2592) was created transferring all complaints filed throughout the federal court system to U.S District Judge Eldon Fallon in the […]

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.

Virgilio Solis

JCCP 4775 Risperdal Update

Risperdal litigation has been going on for a few years now. Currently, tens of thousands of Risperdal cases are being filed all over the country. In Philadelphia, about 2,000 plaintiff cases have been filed. There had been settlements as well […]

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).