Recall lawyers to tackle drug and device cases at JPML

Dangerous drugs and medical devices including testosterone therapy and metal hips will be on the agenda at this week’s meeting of the Judicial Panel on Multidistrict Litigation, or JPML.
The panel of seven federal judges will meet at 9:30 Thursday morning in Chicago to hear arguments about dozens of mass tort cases, including MDL 2545, In Re: Androgel Products Liability Litigation. Androgel is among several brands of testosterone therapy medication, or Low T, which can lead to increased risks of cardiac problems for men. Lawyers for injured plaintiffs are suing the makers of Low T pills for failing to adequately warn about the dangers of heart attack, stroke, pulmonary embolism and other injuries.

GM Ignition Switch Litigation

Another matter on the JPML agenda is MDL 2543, In Re: General Motors LLC Ignition Switch Litigation. Earlier this month the attorneys at Jones Ward PLC filed three class action cases over the GM/Chevy recall of defective ignition parts. The cases were filed in Ohio, Kentucky and Indiana on behalf of residents who owned or leased certain recalled vehicles.
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Mass Tort Cases Heading toward Consolidation

The above two cases and dozens of others are being submitted to the JPML for possible consolidation under a proceeding known as Multidistrict Litigation, or MDL for short. Congress created this tool with 28 U.S.C. §1407, which allows a panel of judges to centralize certain cases before a single federal judge to promote efficiency, conserve resources, and prevent inconsistent pre-trial rulings in cases that share similar facts. Unlike a class action, plaintiffs in an MDL retain their right to an individual jury trial, and their cases may be remanded back to their home jurisdiction once discovery and other pre-trial matters are finished. After a case is consolidated, a plaintiff has the right to challenge a motion to transfer their case to the MDL. Part of Thursday’s meeting at the Everett McKinley Dirksen U.S. Courthouse is devoted to several cases where the plaintiff was injured by a defective metal-on-metal hip implant made by DePuy Orthopaedics, but their lawyer does not want to join the MDL for the defective device. Jones Ward represents numerous plaintiffs in cases over the DePuy Pinnacle and DePuy ASR, as well as the Zimmer Durom, Biomet M2a, Stryker Rejuvenate, Smith & Nephew BHR, and other metal-on-metal hip implants.

Free consult for your mass tort case

If you or a loved one have been injured by a dangerous drug or medical device, call Attorney Alex Davis at 502-882-6000 for a free consultation, or send an email to alex@jonesward.com.