United States District Court - Southern District of West Virginia
MDL 2326 Boston Scientific Corp. Pelvic Repair System
Products Liability Litigation
Honorable Joseph R. Goodwin
United States District Court
Southern District of West Virginia

MDL No. 2326 | In Re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

 

Current Developments

Updated 10/14/2014

The court entered PTO #115 (Defendant Boston Scientific Corporation’s Motion to Sever and Conduct Individual Trials).

Updated 9/29/2014

The court entered PTO #114 (Motion of Boston Scientific Corporation to Quash and For Entry of a Protective Order Related to Rule 30(b)(6) Depositions).

Updated 9/18/2014

The court entered PTO #113 (Second Amended Docket Control Order on Consolidated Florida Pinnacle Cases).

Updated 9/18/2014

The court entered PTO #112 (Third Amended Docket Control Order on Consolidated West Virginia Cases).

Updated 8/18/2014

The court entered PTO #111 (Order Denying Boston Scientific’s Motion to Sever and Conduct Individual Trials).

Updated 8/14/2014

The court entered PTO #110 (Order Amending Pretrial Order # 52).

Updated 7/31/2014

The court entered PTO #109 (First Amended Docket Control Order on Wave 1 and Wave 2 Discovery).

Updated 7/31/2014

The court entered PTO #108 (First Amended Docket Control Order on Wave 1 and Wave 2 Discovery).

Updated 7/30/2014

The court entered PTO #107 (Order Removing Cases from Wave 1 and Wave 2 Process).

Updated 7/23/2014

The court entered PTO #106 (Second Amended Docket Control Order on Consolidated West Virginia Cases).

Updated 7/18/2014

The court entered PTO #105 (First Amended Docket Control Order on Consolidated West Virginia Cases).

Updated 7/18/2014

The court entered PTO #104 (First Amended Docket Control Order on Consolidated Florida Pinnacle Cases).

Updated 7/11/2014

The court entered PTO #103 (Third Amended Docket Control Order First and Second Round of Former Bellwether Cases).

Updated 7/9/2014

The court entered PTO #102 (Order Cancelling July 24, 2014 Status Conference and September 4, 2014 Status Conference).

Updated 5/29/2014

The court entered PTO #101, document 798 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Neomedic Entities and Removal of Ethicon, LLC).

Updated 5/27/2014

The court entered PTO #100, document 794 (Docket Control Order on Wave 1 and Wave 2 Discovery).

Updated 5/16/2014

The court entered PTO #99, document 787 (Final Order Regarding Severance of Actions).

Updated 5/14/2014

The court entered PTO #98, document 786 (Boston Scientific Corporation's Cross Motion to Compel and For Costs).

Updated 5/8/2014

The court entered PTO #97, document 778 (Final Order Regarding Severance of Actions).

Updated 4/30/2014

The court entered PTO #96 (Initial Order Regarding Severance of Actions).

Updated 4/23/2014

The court entered PTO #95 (Docket Control Order on Consolidated Florida Pinnacle Cases).

Updated 4/22/2014

The court entered PTO #94 (Order re: Removal of Sexton Case from Consolidated West Virginia Cases).

Updated 4/16/2014

The court entered PTO #93 (Initial Order Regarding Severance of Actions).

Updated 4/15/2014

The court entered PTO #92 (Order Cancelling May 1, 2014 Status Conference and June 12, 2014 Status Conference).

Updated 4/11/2014

The court entered PTO #91, document 757 (Order Consolidating Cases for Trial on All Issues).

Updated 4/2/2014

The court entered PTO #90, document 752 (Final Order Regarding Severance of Actions).

Updated 4/1/2014

The court entered PTO #89, document 750 (Initial Order Regarding Severance of Actions).

Updated 3/31/2014

The court entered PTO #88, document 748 (Motion to Quash or Modify Subpoenas).

Updated 3/28/2014

The court entered PTO #87, document 747 (Docket Control Order on Consolidated West Virginia Cases).

Updated 3/14/2014

The court entered PTO #86 (Initial Order Regarding Severance of Actions).

Updated 3/13/2014

The court entered PTO #85 (Final Order Regarding Severance of Actions).

Updated 3/11/2014

The court entered PTO #84 (Initial Order Regarding Severance of Actions).

Updated 3/11/2014

The court entered PTO #83 (Initial Order Regarding Severance of Actions).

Updated 3/11/2014

The court entered PTO #82 (Initial Order Regarding Severance of Actions).

Updated 2/26/2014

The court entered PTO #81, document 723 (Order Appointing Lien Resolution Administrator).

Updated 2/25/2014

The court entered PTO #80, document 716 (Initial Order Regarding Severance of Actions).

Updated 2/24/2014

The court entered PTO #79, document 704 (Order Cancelling March 13, 2014, Status Conference).

Updated 2/19/2014

The court entered PTO #78 (Order Consolidating Cases for Trial on All Issues).

Updated 2/18/2014

The court entered PTO #77 (SHOW CAUSE ORDER RE: MOTION TO APPOINT LIEN RESOLUTION ADMINISTRATOR).

Updated 2/6/2014

The court entered PTO #76 (ORDER VACATING PTO # 71 – SECOND AMENDED DOCKET CONTROL ORDER FIRST AND SECOND ROUND OF BELLWETHER TRIALS).

Updated 1/30/2014

The court entered PTO #75, document 673 (Emergency Motion for Protective Order).

Updated 1/29/2014

The court entered PTO #74, document 670 (Initial Order Regarding Severance of Actions).

Updated 1/28/2014

The court entered PTO #73, document 667 (ORDER GRANTING SECOND OMNIBUS MOTION BY PLAINTIFFS TO AMEND THE MEMBERSHIP OF THE PLAINTIFFS’ STEERING COMMITTEE).

Updated 1/24/2014

The court entered PTO #72, document 660 (Order Cancelling February 6, 2014, Status Conference).

Updated 1/21/2014

The court entered PTO #71, document 651 (Second Amended Docket Control Order/First and Second Round of Bellwether Trials).

Updated 1/17/2014

The court entered PTO #70, document 647 (AGREED ORDER RE: DISMISSAL OF ADDITIONAL COOK ENTITIES IN ALL CASES).

Updated 1/17/2014

The court entered PTO #69, document 646 (Stipulated Protective Order Regarding Nonparty Documents).

Updated 1/3/2014

The court entered PTO #68 (THIRD AMENDED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 1/2/2014

The court entered PTO #67, document 624 (Order Cancelling January 9, 2014, Status Conference).

Updated 12/20/2013

The court entered PTO #66 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ADDITIONAL COOK ENTITIES).

Updated 12/19/2013

The court entered PTO #65 (Docket Control Order on Wave 1 and Wave 2 Discovery).

Updated 12/13/2013

The court entered PTO #64, document 599 (Motion to Establish Order of Discovery and Request for In-Person Hearing).

Updated 12/11/2013

The court entered PTO #63, document 593 (Hearing on Motion to Stay Enforcement of Plaintiffs' Subpoena).

Updated 12/6/2013

The court entered PTO #62, document 592 (Order Amending PTO # 4 - Counsel Structure).

Updated 12/2/2013

The court entered PTO #61 (Order Cancelling December 5, 2013, Status Conference).

Updated 11/27/2013

The court entered PTO #60, document 558 (Hearing on Motion to Stay Enforcement of Plaintiffs' Subpoena).

Updated 11/14/2013

The court enters PTO #59, document 581 (REVISED Short Form Complaint and Amended Short Form Complaint re: Addition of Cook Defendants; REVISED Motion to Transfer MDL). The court strongly encourages parties filing in this MDL to carefully review this Order, as it contains important deadlines and filing instructions.

Updated 10/23/2013

The court entered PTO #58 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 10/9/2013

The court entered PTO #57, document 550 (First Amended Docket Control Order/First and Second Round of Bellwether Trials).

Updated 10/2/2013

The court entered PTO #56, document 545 (Order Amending PTO #53 to Require Copies of Complaints Filed Under Delayed Filing Agreements).

Updated 9/30/2013

On September 19, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 9/20/2013

The court entered PTO #55, document 539 (Order Granting Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs’ Steering Committee).

Updated 9/17/2013

On May 23, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 8/29/2013

The court entered PTO #54, document 523 (Bellwether Case Selections, Rounds 1 and 2).

Updated 8/29/2013

The court entered PTO #53, document 522 (AMENDED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 8/26/2013

The court entered PTO #52, document 508 (AGREED ORDER ESTABLISHING MDL 2326 FUND TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR MDL ADMINISTRATION AND COMMON BENEFIT).

Updated 8/7/2013

The court entered PTO #51, document 491 (Order re: Bellwether Case Selection).

Updated 7/16/2013

The court entered PTO #50, document 467 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 6/10/2013

Plaintiffs are reminded that effective June 5, 2013, they must use the newly adopted Short Form Complaint in new direct filed cases and the newly adopted Amended Short Form Complaints (where appropriate) as found on the court's website. The parties are referred to PTOs entered in each MDL on May 29, 2013, adopting new Short Form and Amended Short Form Complaints because of the dismissal of certain Coloplast and Endo entities without prejudice. To the extent plaintiffs who direct file lawsuits continue to use old forms or name parties that no longer are included on Short Form or Amended Short Form Complaints, those parties will be terminated or not readded by the Clerk, and the pleading may be struck from the docket and the case dismissed so that the plaintiff must refile her action and pay a second filing fee. The court has entered a PTO to this effect today.

Updated 6/10/2013

The court entered PTO #49, document 442 (Order re: Termination of Parties No Longer Named in Short Form and Amended Short Form Complaints).

Updated 5/29/2013

The court entered PTO #48, document 435 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo Entities).

Updated 5/29/2013

The court entered PTO #47, document 434 (STIPULATED AGREED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 5/28/2013

The court entered PTO #46, document 433 (AGREED ORDER RE: DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC, AND PORGES S.A. IN ALL CASES).

Updated 5/22/2013

The Court has released the agenda for the status conference on May 23, 2013 at 10:00 a.m.

Updated 5/21/2013

On April 18, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 5/9/2013

The court entered PTO #45, document 419 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs).

Updated 4/19/2013

The court entered PTO #44, document 405 (Show Cause Order Regarding Dismissal of Coloplast A/S, Coloplast Manufacturing US, LLC, and Porges S.A).

Updated 4/15/2013

The parties are reminded that the Status Conferences currently scheduled for Thursday, April 18 and Thursday, May 23, 2013 have been rescheduled from 1:00 p.m. to 10:00 a.m.

Updated 4/12/2013

On March 21, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 4/9/2013

The court entered PTO #43, document 399 (Order Scheduling Future Status Conferences).

Updated 4/5/2013

The court entered an order, document 398. Discovery matters in the above-referenced multidistrict litigation (MDL) actions and their member cases were previously referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. § 636. Judge Stanley has since retired from the bench. Therefore, pending discovery matters in these MDL actions and their member cases that were previously referred to Magistrate Judge Stanley are TRANSFERRED to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for disposition. Further, any future discovery matters in these MDL actions and their member cases are to be REFERRED to Magistrate
Judge Eifert for disposition.

Updated 4/3/2013

The court entered PTO # 42, document 396 (Agreed Order Re: Dismissal of Endo Entities in All Cases). PLEASE NOTE: THE COURT ASKS THAT PARTIES PAY CAREFUL ATTENTION TO THIS PTO. IN CASES PENDING AS OF THE ENTRY OF THIS ORDER, THE COURT WILL DISMISS IN ALL PENDING CASES (WHETHER FILED DIRECTLY OR TRANSFERRED), ALL CLAIMS PENDING AGAINST THE ENDO ENTITIES WITHOUT PREJUDICE. AS TO CASES DIRECTLY FILED IN THE SOUTHERN DISTRICT AFTER THE ENTRY OF THIS ORDER, THE SHORT FORM AND AMENDED SHORT FORM COMPLAINT WILL BE AMENDED SOON TO REMOVE THE ENDO ENTITIES AND EFFECTIVE IMMEDIATELY, THE ENDO ENTITIES SHALL NOT BE NAMED BY SHORT FORM OR AMENDED SHORT FORM COMPLAINT

Updated 3/25/2013

The court entered PTO #41, document 382 (Memorandum Opinion and Order re: Plaintiffs' Motion for Leave to Amend to Add Defendants, Docket 193).

Updated 3/14/2013

The court entered PTO #40, document 374 (Defendant Fact Sheet).

Updated 3/6/2013

The court entered PTO #39, document 360 (Plaintiff Fact Sheet).

Updated 2/27/2013

The court entered PTO #38, document 343 (Order Relating to PTO #26: Agreed Order Regarding Severance of Actions).

Updated 2/22/2013

On February 7, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 2/21/2013

The court entered PTO #37, document 328 (Show Cause Order Regarding Dismissal of Endo Entities).

Updated 2/20/2013

The court entered PTO #36, document 327 (Deposition Protocol).

Updated 2/5/2013

Although the status conference scheduled for February 7th at 1:00 p.m. has been cancelled as to the Coloplast MDL, it is scheduled to go forward as to MDL 2187, 2325, 2326 and 2327.

Updated 1/24/2013

The court entered PTO #35, document 300 (Revised Verifications and Authorizations Attached to Plaintiff Profile Form). Plaintiffs should immediately begin utilizing the verifications and authorizations found above under forms.

Updated 1/23/2013

The court entered PTO #34, document 298 (Order Scheduling Future Status Conferences)

Updated 1/22/2013

The court entered PTO #33, document 295 (Order Updating Leadership Counsel Contact Information for MDLs 2187, 2325, 2326, 2327 and 2387)

Updated 1/18/2013

The court entered PTO #32, document 294 (DOCKET CONTROL ORDER)

Updated 1/16/2013

The court entered PTO #31, document 291 (Order Severing Actions Pursuant to PTO #26)

Updated 1/8/2013

The court entered PTO #30, document 281 (Order Cancelling January 10, 2013, In Chambers Conference and Status Conference)

Updated 1/8/2013

The court entered PTO #29, document 280 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Analytic Biosurgical Solutions (“ABISS”))

Updated 1/3/2013

The court entered PTO #28, document #269 (Order Scheduling In Chambers Conference Regarding Docket Control Orders). "Docket Control Orders" refers to Scheduling Orders.

Updated 12/20/2012

On December 6, 2012, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 12/20/2012

The court entered PTO #27, document #266 (Correction to PTO #24, Change to Signature and Initialing Requirements re: Plaintiff Profile Forms (PTO #16)).

Updated 12/18/2012

The court entered PTO #26, document #265 (Agreed Order Regarding Severance of Actions).

Updated 12/17/2012

The court entered PTO #25, document #264 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Coloplast, et al.; Revised Motion to Transfer MDL).

Updated 12/12/2012

The court entered PTO #24, document #258 (Change to Signature and Initialing Requirements re: Plaintiff Profile Forms (PTO #16)).

Updated 11/15/2012

The court entered PTO #23, document #244 (Plaintiffs' Motion to Compel Protegen Documents).

Updated 11/2/2012

The court entered PTO #22, document #235 (Order for Submission of Bellwether Trial Plan).

Updated 10/29/2012

The court entered PTO #21, document #231 (Order Cancelling November 2, 2012, Status Conference).

Updated 10/23/2012

The court entered PTO #20, document #224 (Order Amending PTO #15, Scheduling & Rescheduling Future Status Conferences).

Updated 10/11/2012

The court entered PTO #19, document #218 (Briefing Schedule and Hearing Date on Plaintiffs Motion to Compel Protegen Documents).

Updated 10/9/2012

The court entered PTO #18, document #215 (Waiver of Service Provisions for Boston Scientific Corporation).

Updated 10/4/2012

The court entered PTO #17, document #212 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues).

Updated 10/4/2012

The court entered PTO #16, document #211 (Plaintiff Profile Forms, Plaintiff Fact Sheet, and Defendant Fact Sheets).

Updated 9/26/2012

The court entered PTO #15, document #201 (Scheduling & Rescheduling Future Status Conferences).

Updated 9/26/2012

The court entered PTO #14, document #196 (New Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings).

Plaintiff's counsel should review this PTO carefully before filing additional Short Form or Amended Short Form Complaints. Please note that there are new forms under the "forms" section above as noted in the PTO.

Updated 9/20/2012

On September 13, 2012, the court conducted a status conference. Parties may order a transcript of the conference by contacting the court reporter, Lisa Cook, at lisa_cook@wvsd.uscourts.gov. The attached Minute Entry is a summary of events at the status conference.

Updated 8/30/2012

The court entered PTO #13, document #184 (Stipulation for the Production of Documents and Electronically Stored Information).

Updated 8/22/2012

The court entered PTO #12, document #176 (Master and Short Form Complaint and Master Responsive Pleadings; Direct Filing).

Updated 7/30/2012

The court entered PTO #11, document #161 (Stipulated Protective Order).

Updated 6/14/2012

The court entered PTO #10, document #137 (Order Lifting Stay on Discovery).

Updated 6/1/2012

The court entered PTO #9, document #128 (Scheduling Future Status Conferences).

Updated 5/31/2012

The court entered PTO #8, document #126 (Uniform Certificate of Service).

Updated 5/16/2012

The court entered PTO #7, document #121 (Change of Court Contact Information).

Updated 5/4/2012

The court entered PTO #6, document #115 (Revised PSC List).

Updated 4/24/2012

The court entered PTO #5, document #105 (Status Conference).

Updated 4/17/2012

The court entered PTO #4, document #103 (Initial Hearing Summary - Counsel Structure, Procedural and Discovery Issues and Future Status Conferences).

Updated 4/13/2012

The court reporter for today's initial hearing was Teresa Harvey. She can be contacted at the U.S. District Court , Southern District of West Virginia, Beckley, WV 25801; Phone 304-254-8052 or cell at 304-575-5995 to order a copy of the transcript.

Updated 4/9/2012

The court entered PTO #3, document #96 (Initial Hearing - Participation by Telephone).

Updated 3/29/2012

The court entered PTO #2, document #64 (PSC Application Process).

Updated 2/29/2012

the Court finds that the civil actions transferred to this court merit special attention as complex litigation; setting initial pretrial conference at 9:00 AM on 4/13/2012; directing parties to fax or submit to the Court any suggestions regarding case management orders or additional agenda items by 4/6/2012; plaintiffs and defendants shall submit to the Court by 4/6/2012 a brief written position statement, which will not be filed with the Clerk of the court, indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues; the parties' statement will include an attachment, which will also be filed with the Clerk's office as directed herein, detailing motions pending in the member cases at the time of their transfer to this court by the Panel; each party represented by counsel shall appear at the initial pretrial conference through counsel and unrepresented parties must appear in person; prior to the initial pretrial conference, service of all papers shall be made on counsel of record appearing in these cases; at the conference, the parties shall present to the court a comprehensive list of attorneys, their information, and the party with which each is associated; liaison counsel are responsible for service of this order and future documents on opposing pro se parties; counsel who appeared in a transferor court prior to transfer need not enter an additional appearance before this court; attorneys admitted to practice and in good standing in a U. S. District Court are admitted pro hac vice in this litigation and the requirements of Local Rule of Civil Procedure 83.6 are waived; association of local counsel is not required; discovery disputes are referred to the Honorable Mary E. Stanley, United States Magistrate Judge; recommendations regarding liaison counsel shall be submitted to the Court prior to the initial conference; applications/nominations for the Plaintiffs' Steering Committee due on/before 3/30/2012 and objections thereto due on/before 4/6/2012; unless otherwise ordered, counsel must communicate with the court in writing, with courtesy copies to counsel; communications and submissions which are not to be filed with Clerk may be sent to angie_volk@wvsd.uscourts.gov; significant orders and opinions will be published on the court's website at www.wvsd.uscourts.gov/MDL/boston, which repository may not include a complete inventory of all orders and opinions.

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