MDL Mass Tort & Class Action Monitor
Developed to serve primarily as a litigation scouting report for plaintiff and defense counsel, insurers and legal service providers, HarrisMartin’s MDL Mass Tort & Class Action Monitor covers significant new filings and decisions in the JPML, MDL and related mass tort arenas. The quick delivery of breaking news and additional features will keep you within close range of every development occurring in the high-stakes environment of mass torts litigation — where minutes can make a difference. The MDL Mass Tort & Class Action Monitor is an online-only offering that includes frequent email updates and is available at no charge to annual and event sponsors of HarrisMartin’s CLE Conferences.
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Issue #5, April 2017
Claims alleging injury caused by the Sorin 3T Heater-Cooler device will not be litigated in a formally consolidated docket after the Judicial Panel on Multidistrict Litigation ruled April 5 that the cases are already being informally, and successfully, coordinated in South Carolina and elsewhere.
A centralized docket for all federal lawsuits alleging injury caused by components of Smith & Nephew’s Birmingham Hip Resurfacing System has been created in the U.S. District Court for the District of Maryland.
The Judicial Panel on Multidistrict Litigation has granted a request by plaintiffs to transfer nearly three dozen pending federal lawsuits, along with all future claims, asserting injury caused by Stryker Orthopaedics’ LFIT V40 hip implant device.
Issue #4, March 2017
The widow of a man who had been implanted with an allegedly defective VenaTech LP IVC filter has sued the makers of the device, claiming they knew it was defectively designed and unsafe, yet did not warn doctors that it could fracture and migrate, causing injury and death.
The Food and Drug Administration has notified health care providers that there is an increased rate of major adverse cardiac events observed in patients who were implanted with Abbott Vascular Inc.’s Absorb GT1 Bioresorbable Vascular Scaffold (BVS) during heart surgery.
The Food and Drug Administration has warned that Allergan’s irritable bowel syndrome drug Viberzi (eluxadoline) should not be used in patients who do not have a gallbladder, because those patients have an increased risk of developing serious pancreatitis that could lead to hospitalization or death.
A New Jersey federal judge has ordered two plaintiffs’ experts to produce redacted medical records they considered in forming their opinions that Benicar causes gastrointestinal injuries, holding that parties must disclose all information provided to their experts for consideration in the experts’ reports.
Medtronic is recalling its SynchroMed Implantable Infusion Pain Pumps on the basis that a software problem may cause unintended delivery of drugs into the patient’s spine during a priming bolus procedure, according to a Food and Drug Administration alert.
Plaintiff Asserting Birmingham Hip Resurfacing, R3 Metal-on-Metal Liner Claims Opposes Creation of MDL
A plaintiff with claims pending against Smith & Nephew has opposed plaintiff efforts to create a multidistrict litigation docket for Birmingham Hip Resurfacing and R3 Metal-on-Metal Liner cases, contending that her claims have nothing to do with the BHR system and “only remotely relate to the R3 liner.”
The Chairman of the House Judiciary Committee has introduced a bill that imposes significant class action reforms, including requiring plaintiffs seeking to proceed under Rule 23 to prove that each proposed class member suffered the same type and scope of injury as the named class representative.