Bishop et al v. Johnson & Johnson et al

Filing 27

TRANSFER ORDER directing the transfer of this case to the E/D of North Carolina to be included in MDL No. 1959 (In Re: Panacryl Sutures Products Liability Litigation).. Signed by Judge William R. Wilson, Jr on 9/2/08. (Attachments: # 1 Transfer Letter from USDC, NC, # 2 JPMDL Transfer Letter)(mkf)

Download PDF
Case 5:08-md-01959-BO Document 1 Filed 08/18/2008 Page 1 of 3 Aug 18, 2008 By Dana Stewart on Aug 18, 2008 UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION 2:07-CV-00098 WRW FILED SEPTEMBER 2, 2008 IN RE: PANACRYL SUTURES PRODUCTS LIABILITY LITIGATION MDL No. 1959 TRANSFER ORDER Before the entire Panel*: Plaintiff in one action pending in the Eastern District of Louisiana moves, pursuant to 28 U.S.C. 1407, for coordinated or consolidated pretrial proceedings of this litigation. Movant represents that plaintiffs in the other pending actions support this motion. Common manufacturing defendants1 oppose centralization. If the Panel deems Section 1407 centralization to be appropriate, these defendants suggest centralization of only the putative class actions in the District of New Jersey. This litigation presently consists of nine actions listed on Schedule A and pending in five districts as follows: four actions in the District of New Jersey, two actions in the Eastern District of North Carolina, and one action each in the Eastern District of Arkansas, the Central District of California, and the Eastern District of Louisiana. On the basis of the papers filed and hearing session held, we find that the actions in this litigation involve common questions of fact, and that centralization under Section 1407 in the Eastern District of North Carolina will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. Whether each action is a purported class action or brought individually, all actions share factual questions relating to the manufacture and sale of allegedly defective Panacryl sutures which caused serious tissue reactions and infections in individuals throughout the United States. Centralization under Section 1407 will eliminate duplicative discovery; avoid inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary. Given that this litigation involves nine actions pending in federal districts throughout the United States, we have decided to centralize this docket in the Eastern District of North Carolina, where two actions are pending and which, in the past, has been underutilized as a transferee district. * Judge Heyburn took no part in the disposition of this matter. Johnson & Johnson and its two wholly-owned subsidiaries, Johnson & Johnson Health Care Systems, Inc., and Ethicon, Inc. 1 Case 5:08-md-01959-BO Document 1 Filed 08/18/2008 Page 2 of 3 -2IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. 1407, the actions listed on Schedule A and pending outside the Eastern District of North Carolina are transferred to the Eastern District of North Carolina and, with the consent of that court, assigned to the Honorable Terrence William Boyle for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A. PANEL ON MULTIDISTRICT LITIGATION _________________________________________ J. Frederick Motz Acting Chairman John G. Heyburn II, Chairman* Kathryn H. Vratil Robert L. Miller, Jr. David R. Hansen Case 5:08-md-01959-BO Document 1 Filed 08/18/2008 Page 3 of 3 IN RE: PANACRYL SUTURES PRODUCTS LIABILITY LITIGATION MDL No. 1959 SCHEDULE A Eastern District of Arkansas James C. Bishop, et al. v. Johnson & Johnson, et al., C.A. No. 2:07-98 Central District of California Christine L. Bledy, et al. v. Johnson & Johnson, et al., C.A. No. 2:07-3758 Eastern District of Louisiana Losanna Truxillo v. Johnson & Johnson, et al., C.A. No. 2:07-2883 District of New Jersey Alyssa Johnson, et al. v. Johnson & Johnson, et al., C.A. No. 3:08-930 Denise Rondot v. Johnson & Johnson, et al., C.A.. No. 3:08-931 Maureen Thompson v. Johnson & Johnson, et al., C.A. No. 3:08-932 Sandra Vermilyea, et al. v. Johnson & Johnson, et al., C.A. No. 3:08-933 Eastern District of North Carolina Lisa M. Locklear v. Johnson & Johnson, et al., C.A. No. 7:07-101 Perlene Herring v. Johnson & Johnson, et al., C.A. No. 7:08-2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?