Fosamax Cases Set for Trial

By Cindy L. Nations

November 14, 2011 – Judge John F. Keenan recently re-scheduled the trial for two bellwether cases in the Fosamax MDL. The trials are now scheduled for September 2012 in the Southern District of New York. A bellwether trial is commonly used in mass torts cases where you have a large number of plaintiffs with similar causes of action. The results of the bellwether trials are then extrapolated to the claims of the other plaintiffs and are used to place value on the cases. This is not a class action. Each individual plaintiff has the right to continue with their own litigation. There are currently 951 active Fosamax cases on file in the Fosamax MDL.

Yaz / Yasmin Status Conference

Posted March 26, 2010 by Cindy L. Nations

A status conference has been scheduled for April 14, 2010 at 9:00 a.m. before Judge David R. Herndon in the U.S. District Court, Southern District of Illinois.  The conference is regarding the “Yasmin and Yaz (Drospirenone) Marketing, Sales Practice and Products Liability Litigation.”  This multi-district litigation (MDL) consists of cases nationwide alleging serious injuries and deaths stemming from the use of Yaz or Yasmin birth control pills.  A status conference is a pre-trial meeting where the attorneys inform the judge as to how the case is proceeding, what discovery has been completed, settlement negotiations that have occurred, and any other matters relevant to moving the case toward trial.

Trasylol Pretrial Conference

Posted March 26, 2010 by Cindy L. Nations

A Pretrial Conference is scheduled for Thursday, April 1, 2010 at 1:30 p.m. before Judge Donald M. Middlebrooks in the U.S. District Court, Southern District of Florida, West Palm Beach Division. This is in the Trasylol multi-district litigation consisting of nation-wide lawsuits alleging kidney failure, heart attack, MI, stroke, and death resulting from the surgical drug Trasylol. The purpose of the conference is to discuss FDA issues.

Recent Ortho Evra Court Development

By Chris Sbrusch

October 23, 2009 – On October 20, 2009, the US District Court for the Northern District of Ohio conducted a status conference with lead counsel for Ortho Evra Products Liability Litigation MDL Docket number 1742. The previous dates (Doc. No. 377) regarding designation of cases regarding post label cases was modified as follows:

A. Designation of Post Label Cases
Each side is directed to designate eight (8) total cases for trial. Four (4) cases are to be designated involving the November 2005 label change and four (4) cases designated involving September 2006 label change. The categories of cases shall include (1) pulmonary embolism; (2) deep vein thrombosis; and (3) strokes. The designations to be made on or before November 16, 2009. Thereafter, each side shall have the right to exercise four (4) strikes on or before November 30, 2009. Fact discovery is to be completed on or before February 12, 2010.

B. Trial Date
The selected post label cases will be scheduled for trial commencing June 14, 2010.

C. Improvidently Filed Cases
The Court reiterates reserving its right to impose monetary sanctions regarding those post label cases filed where there exists no evidence of use and/or an event medically related to Ortho Evra.

D. Next Status Conference
The Court will schedule another status conference with lead counsel on March 2, 2010 at 9:00 a.m. in Florida.