Lonon v. Globus Medical, Inc.

Filing 53

ORDER granting 48 Motion for Consent Order Regarding Examination and Testing of Medical Device. Signed by Magistrate Judge G. R. Smith on 6/27/2016. (loh)

LD
tJ.S.DISTRCT COURI
S A'1ti. J%11 DIV.
IN THE UNITED STATES DISTRICT COURT 2016 JUL -8 AM II: 54
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
SO. 01ST
GA.
)
ANTHONY LONON,
Plaintiff,
Civil Action No.: 4:13-cv-00115WTM-GRS

V.

GLOBUS MEDICAL, INC.,
Defendant.
CONSENT ORDER REGARDING EXAMINATION
AND TESTING OF MEDICAL DEVICE
Upon consideration of the parties' Joint Motion for a Consent Order
Regarding Examination and Testing of Medical Device, and the record herein, it is
hereby
ORDERED that said motion be, and it hereby is, granted, and it is further
ORDERED that, as agreed and stipulated by Anthony Lonon ("Plaintiff')
and Globus Medical, Inc. ("Defendant"), the following provisions and conditions
shall govern the examination and testing of the subject products alleged to be
Defendant's medical devices that were allegedly implanted into Plaintiff on or
about April 22, 2009, and explanted on November 11, 2011 (hereinafter the
"Device") and which are currently in the possession of Plaintiffs counsel.

L.EGAL\27 104 186\1

C

I.

Defendant will be entitled to a 60-day period in which to examine and nondestructively test the Device from the date of this Order. This 60-day period
will commence upon Defendant's receipt of the Device. At the conclusion
of this 60-day period, Defendant shall return the Device to Plaintiff's
counsel.

2.

After the submission of Plaintiff's final expert witness reports, Defendant
will have 60 days to further examine and non-destructively test the Device.
This 60-day time period will commence upon Defendant's receipt of the
Device. Defendant shall return the Device to Plaintiffs' counsel at the
conclusion of this 60-day time period.

3.

The aforementioned parties, their respective counsel, and experts retained by
either party shall, at all times, take proper and reasonable steps to log
possession and chain of custody, to insure the protection of the Device and
to maintain it in a condition equal to that in which it was originally
obtained. Those steps shall include, but not be limited to, proper packing for
transportation, appropriate method of transportation, adequate insurance, and
proper handling and storage at all times, at each party' own cost.

4.

Under no circumstances shall Plaintiff, Defendant, their respective counsel,
or any expert retained by any party destroy or in any other way alter or

2
LEGAL\27104186\I

ri

damage the Device. No tests conducted upon the Device shall in any way
change its condition, characteristics or properties.
5.

If after any of the foregoing examinations, it is determined by any party,
their respective attorneys, or any expert retained by them that destructive
testing is needed, counsel for the party desiring to conduct destructive
testing must advise the opposing counsel, in writing, of the specific details
of the contemplated tests.

6.

If the opposing party wishes to participate in the destructive testing, the
parties must agree to a joint protocol which will govern how, when, by
whom, and where the destructive testing may proceed, as well as the specific
details of the contemplated tests.

7.

If a dispute arises between or among the parties concerning the proposed
testing of the Device, the proponent of the destructive testing shall apply to
the United States District Court for the Southern Division of Georgia,
Savannah Division, for a ruling. Until such ruling, however, no destructive
testing of the Device may occur.

8.

Both parties and/or their counsel and experts, at the parties' own election and
expense, may be present for any destructive testing of the Device.

3
LEGAL\27 104 186U

9.

If the remaining party elects not to participate in the destructive testing but
merely to be present during the testing, the cost of such testing is to be solely
born by the party desiring to conduct such testing.
'Z4te 2 7, 2016.

UNITED STATES MA61STRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

Prepared by:
/s/Alvcen A. Moss
Alycen A. Moss
Georgia Bar No. 002598
COZEN O'CONNOR
1230 Peachtree Street, N.E.
The Promenade, Suite 400
Atlanta, Georgia 30309
[phone] - Phone
[phone] - Facsimile
amoss(Zlcozen.com
Attorneys for Globus Medical, Inc.

4
LEGAL\27 104 l86I