The third bellwether trial in the DePuy Orthopedics Pinnacle Hip Implant Multidistrict Litigation (MDL) is set to commence in the United States District Court, Northern District of Texas. The last multiple plaintiff bellwether case resulted in $150 million dollar verdict, which was later reduced due to punitive damage caps in Texas. The DePuy Pinnacle lawsuits

The 5th District court in Texas recently denied a petition by defendants, Johnson & Johnson and DePuy Orthopedics, Inc., to grant an expedited appeal and to halt the next round of bellwether trials in the Pinnacle multidistrict litigation (MDL), which are currently scheduled to begin in early September 2016. The defendants filed the petition after losing the last bellwether trial earlier this year and getting hit with a jury award of $498 million dollars for five plaintiffs, who were injured from their metal-on-metal Pinnacle implants. The award was later reduced to $150 million dollars to meet the punitive damage caps in Texas.

Continue Reading Petition Denied for DePuy MDL Appeal

IVC filter lawsuits are on the rise. On August 17, 2015, the United States Judicial Panel on Multidistrict Litigation (“JPML”) consolidated the Bard IVC lawsuits, as part of a Multidistrict Litigation (“MDL”), in the United States District Court for the District of Arizona. Case Management Plans and Case Management Orders for this MDL are described below.

On October 30, 2015, the MDL court issued Case Management Order #1, appointing leadership council, including Lead/Liaison and Steering Committee, and designating their duties and responsibilities for Case Management. According to the Order, the “Lead/Liaison will be (a) the only attorneys permitted to file in the Master Docket as to all actions, and (b) the only attorneys receiving Notices of Electronic Filing for pleadings and orders filed in the Master Docket for all actions.“


Continue Reading The BARD IVC Court’s Utilization of Case Management Plans and Case Management Orders to Guide and Control the Multidistrict Litigation

IVC filter lawsuits are on the rise. On October 15, 2014, the United States Judicial Panel on Multidistrict Litigation (“JPML”) designated the Cook IVC Multidistrict Litigation (“MDL”) in the United States District Court for the Southern District of Indiana. That Court has issued multiple Case Management Plans and Case Management Orders to guide and control the MDL.

On November 25, 2014, the MDL Court issued a comprehensive Case Management Plan, which designated Plaintiffs’ leadership structure (including lead counsel, liaison counsel, Plaintiffs’ Executive Committee, and Plaintiffs’ Steering Committee) and Defendants’ counsel. The MDL Court further set forth a description of the claims and defenses at issue and procedures for: pretrial pleadings and disclosures, general case discovery, bellwether selection criteria, case-specific discovery, motion practice and trial. Shortly thereafter, a form of Master Consolidated Complaint and a form of Short-Form Complaint were agreed upon and issued.


Continue Reading The Cook IVC Court’s Utilization of Case Management Plans and Case Management Orders to Guide and Control the Multidistrict Litigation

Recently, the Zimmer Persona Knee Implant came under fire after many people filed personal injury claims. As a result, Zimmer has begun to issue a recall of this implant.

For those unaware, the primary medical device, or portion of the device, at issue in potential claims is the Persona Trabecular Metal Porous-Coated Tibial Tray that

In 2012, Zimmer introduced its Persona Personalized Knee Replacement System. When components in the system were called into question for loosening, Zimmer issued a recall of more than 11,500 porous coated, uncemented Zimmer Persona Trabecular Metal Tibial Plates, as well as the Zimmer Persona Tibial Articular Surface Provisional (TASP) Shim tool, in March 2015.

Zimmer

The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were

The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were

The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were