The Next Bellwether Bard IVC Filter Trial Slated for September 2018
Federal Judge David Campbell of Arizona issued Case Management Order 34 on June 28 announcing that the next four Bellwether trials in the Bard IVC Filter MDL will be the Kruse, Hyde, Mulkey and Tinlin cases.
The Mulkey case was supposed to be the next trial but the plaintiff has been having health concerns. Therefore, Judge Campbell decided that the Kruse trial would start September 18, 2018. Hyde will begin on November 5, 2018, and Mulkey will now be held in February 2019. The Tinlin case will be the sixth bellwether trial and it will start in May 2019.
The Kruse case involves a G2 filter “non-fracture” case. The Hyde (G2x Filter), Mulkey (Eclipse Filter), and Tinlin (Recovery Filter) all involve situations where the filter fractured.
Bellwether trials are designed to provide the parties predictive insight into what would happen with certain fact situations. Because the Bard IVC filters involve generations of filters (Recovery, G2, G2x, Eclipse, etc.), different evidence has been allowed by Judge Campbell based on the different types of filters. For example, in the Booker case, the first trial ending in a $3.6 million verdict for the plaintiffs, evidence of deaths related to the Recovery filter and evidence of caudal migration was allowed. In the Jones trial, the second trial involving an Eclipse filter resulting in a defense verdict after the jury was deadlocked, the Court did not allow this evidence to be heard by the jury.
Plaintiffs have continually fought to have the Recovery death evidence and caudal migration evidence admitted in all cases since all the filters were based off of the Recovery Filter design and modified over time. This will continue to be a battle in each case.