Consolidated Cochlear Implant Cases To Be Tried Separately, Judge Rules

MEMPHIS, Tenn. - A Tennessee federal judge has ordered two previously-consolidated cochlear implant injury cases to be tried separately, finding that cumulative presentation of the evidence would result in jury confusion and unfair prejudice to the defendant manufacturer. Purchase, et al. v. Advanced Bionics Inc., No. 08-2376 (W.D. Tenn.).

In an April 4 order, Chief Judge Jon Phipps McCalla of the U.S. District Court for the Western District of Tennessee explained that a large amount of the evidence admissible in one case will be inadmissible in the other case and that each plaintiff's alleged damages and proof of those damages …