Plaintiffs Now Opposing Centralization of Stockert 3T Cases

  • Stockert 3T Medical Record Review & Outsourcing Services

In April 2017, finding that there were very few cases pending, the Judicial Panel on Multidistrict Litigation rejected an appeal filed by a single plaintiff to consolidate the Stockert 3T Heater-Cooler lawsuits. Although the manufacturers, Sorin Group and Livanova, opposed the centralization in the earlier filings, they now support it due to the filing of additional lawsuits resulting in the growth of the litigation. Centralization is being opposed by a number of plaintiffs stating substantial differences in the injuries and wide disparities between how far along some cases are in the litigation process, arguing that it would unjustly delay and prejudice plaintiffs who need the earliest possible trial dates. Allegations faced by the manufacturers include withholding information from the consumers and medical community despite knowing about the infection risks and releasing a defective device onto the market by not preventing the contamination, which is assumed to have taken place inside the manufacturing facilities where the devices were made. Plaintiffs are also opposing South Carolina as the venue for centralization and are further requesting a separate MDL for M. chimera infection cases. The JPML is expected to have a hearing session in January 2018 to consider the oral arguments on the motion.

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