Hamilton et al v. Bayer Healthcare Pharmaceuticals, Inc. et al

Filing 117

MEMORANDUM to Transferee Court from Transferor Court containing case-specific details to help aid in transfer. (klh)

MEMO
To:

Judge to whom the indicated case is assigned.

From: David R. Herndon, District Judge United States District
Court for the Southern District of Illinois
Re:
In re Yasmin and Yaz, MDL Litigation No 2100
Member case: Walter Hamilton and Dianna Hamilton,
Individually and as Legal Guardians of the Person and Estate of
Kaitlin Hamilton, an incapacitated Person v. Bayer ILSD case 1113465
Date: December 7, 2018
____________________________________________________

This MDL action is being transferred following the completion of common
discovery and some case specific discovery and depositions. An aggressive
settlement mediation was attempted by the MDL Court appointed special master
for mediation, Randi Ellis of Baton Rouge, LA 225-803-1413. Ms. Ellis can
supply a great deal of information about the case and the settlement process if
requested. It is recommended that Ms. Ellis be allowed to continue in her role as
special master in an effort to effectuate a settlement after transfer.
The special master and this judge held two significant mediation sessions with the
parties, one of which was very recently. Both sides of this litigation have
negotiated in good faith. The special master conducted many more mediation
sessions with both parties.

In addition to the original product liability case against the pharmaceutical
company, there is an intervention action by the medical insurance provider which
pursues the issue of whether they should have paid under the policy. One aspect
of the product liability case is the legal effect of the treating physicians’ actions
and whether, if any of them committed malpractice, their civil wrong intervenes
the pharmaceutical company’s product liability. The question which remains to
be decided is whether, under Oklahoma law, the evidence is relevant to the
product case so that the jury will be allowed to know of the issue.
Memos regarding the work done in the file, prepared by counsel for both parties,
submitted simultaneously with the transfer order will provide substantial
background information as well.