Final Bellwether Trial Has Been Scheduled in the Bard IVC Filter Litigation

Posted on 11/09/2018Back

On November 8, 2018, Judge David Campbell (the MDL Judge) issued an order amending the Bard IVC bellwether trial schedule. He vacated the Mulkey case that was scheduled for February 2019 because he agreed with Plaintiff’s Counsel that trying another Eclipse case “would present essentially the same liability evidence as in Jones and Hyde” (two prior trials).

Therefore, the Judge indicated that the Tinlin case will be the final bellwether trial and will take place in May 2019. This case involves a Recovery filter with fracture and migration.

The Booker case was tried in March 2018 and resulted in a $3.6 million jury verdict in the plaintiff’s favor.  The Jones case was tried two months later and resulted in a defense verdict. The Court subsequently granted summary judgment in favor of Defendants in the Kruse case. The recent Hyde trial resulted in another defense verdict.

Judge Campbell stated “The primary purposes of this MDL – common discovery and ruling on common issues – have been accomplished. The parties requested that the Court hold bellwether trials to provide insight into how their claims and defenses would be received by juries, with the hope that a global settlement could be achieved before the cases are remanded… The four bellwether cases resolved to date – Booker, Jones, Kruse, and Hyde – have served this purpose. ”

Therefore, it is believed that if the litigation is not settled, the Court will remand the cases out of the MDL to their original district courts after the Tinlin trial in May 2018.  There are currently thousands of cases filed in the Bard IVC MDL litigation involving six generations of Bard’s retrievable filters: Recovery, G2, G2X, Eclipse, Meridian, and Denali. Cases continue to be filed for fracture, migration, and perforation of these devices.

Stuart L. Goldenberg of GoldenbergLaw was appointed by Judge Campbell to the Plaintiff’s Steering Committee (PSC) for the Bard IVC litigation and he has been part of the bellwether trial team.

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