On March 30, 2018, a federal jury in Arizona ordered C.R. Bard, Inc. to pay $3.6 million to a Georgia woman who suffered serious complications after the company's G2 inferior vena cava (IVC) filter fractured inside her body.
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.
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.
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.
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.
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).
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).
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.
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.
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).