Graham v. Boehringer Ingelheim Pharmaceuticals, Inc. et al

Filing 5

ORDER DISMISSING CASE with Prejudice Signed by Judge David R. Herndon on 3/27/2015. (cds)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
______________________________________________________________________________
IN RE PRADAXA
)
MDL No. 2385
(DABIGATRAN ETEXILATE) )
3:12-md-02385-DRH-SCW
PRODUCTS LIABILITY
)
Judge David R. Herndon
LITIGATION
)
______________________________________________________________________________
This Document Relates to:

Richard Brown, individually and as
Personal Representative of the Estate of
Cecelia Brown vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50399

Claudie Kennimer vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-51721

Lorraine Kincaid vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-51719

Everett J. Van Dright vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50015

Michael R. Moragne vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50433

William Martin vs. Boehringer
Ingelheim Pharmaceuticals, Inc.
Civil Action No.: 3:12-cv-50016

James Pettas vs. Boehringer Ingelheim
Pharmaceuticals, Inc.
Civil Action No.: 3:13-cv-51229

Jean M. Chakanovsky vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50308

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Thomas J. Eilers, Individually and as
representative of the estate of Opal F.
Eilers, Deceased vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50280

Billy Roden vs. Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50299

Cologero Frank "Jerry" Mancuso vs.
Boehringer Ingelheim
Pharmaceuticals, Inc. et. al.
Civil Action No.: 3:13-cv-60031

Otis Shelmire vs. Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-51906

Dana Dunn, Individually and as
Personal Representative of the Estate of
Doris Green, Deceased vs. Boehringer
Ingelheim Pharmaceuticals, Inc.
Civil Action No.: 3:14-cv-50213

Hope Dinicolantonio, as Next of Kin
Estate of John B. Teel, Deceased vs.
Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:12-cv-60080

Clarence Albert Thornton vs.
Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.

Civil Action No.: 3:13-cv-51717

Martha Degregorio vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-51663

Melisa Ertzberger, Individually and as
the surviving spouse of Royce
Ertzberger, Deceased vs. Boehringer
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Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50197

Velma Graham, individually and as
Personal Representative of the Estate of
Raymond Graham vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50457

Jacqueline Jones, Individually and on
Behalf of the Estate of Jessie Willie
Jones vs. Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50063

Phyllis Soldo, Individually and on
behalf of the Estate of Lucille Soldo,
Deceased vs. Boehringer Ingelheim
Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50512

Jordan Thomas vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-50620

Douglas Carroll Quillen vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50535

Mylon Betts, Individually and as
Representative of the Estate of Myron
Betts, Deceased vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:14-cv-50079

Dorothy Hodges vs. Boehringer
Ingelheim Pharmaceuticals, Inc., et. al.
Civil Action No.: 3:13-cv-51631

ORDER OF DISMISSAL WITH PREJUDICE
HERNDON, District Judge:

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This matter is before the Court on defendants’ (Boehringer Ingelheim
Pharmaceuticals Inc. and Boehringher Ingelheim International) motions to
dismiss the above captioned actions with prejudice pursuant to the Pradaxa
Product Liability Litigation Master Settlement Agreement (“MSA”). None of the
above captioned plaintiffs has responded to the motions. Accordingly, the Court
accepts as true the allegations in defendants’ motions. For the reasons discussed
herein, the motions are GRANTED.
Defendants and the Pradaxa Claimants’ Negotiating Counsel executed the
Master Settlement Agreement on May 28, 2014. The MSA sets forth the timing
and procedure for Pradaxa Claimants to opt in to the voluntary settlement
program. Specifically, each Pradaxa Claimant wishing to opt in to the settlement
was required to submit an Opt-In Form, which was attached to the MSA as
Exhibit 5. The Opt-In Form specifically provides that the election to opt in to the
settlement is irrevocable and that the Claimant is waiving all rights to pursue his
or her claims in court. Each of the above captioned plaintiffs submitted a timely
Opt-In Form.
The MSA also required that within thirty days of opting into the settlement
each Participating Claimant shall post to the Claims Administrator’s secure portal
a “Claim Package Submission” containing specified materials. The parties to the
MSA intended strict compliance with its terms, with non-compliance resulting in
the Claimant being unable to participate in the settlement and dismissal with
prejudice of any pending lawsuit. MSA ¶ 7.6 and ¶ 7.9.
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The MSA also permits the Claims Administrator to review the Claim
Packages for completeness and to issue deficiency notices when a Claimant does
not submit a complete Claim Package. MSA at ¶ 7.8. Upon receipt of a Notice of
Incomplete Claim, a Claimant has thirty days to cure any deficiencies. Id. If a
Claimant with a pending lawsuit fails to timely cure the defects identified in the
Notice of Incomplete Claim, the MSA specifically provides that the Defendant may
move to dismiss the lawsuit with prejudice and that the expectations of the parties
is that such a motion would be granted, absent a showing of good cause that
justifies the failure to cure. Id. at ¶ 7.9.
As outlined in the defendants’ motion, each of the above captioned
plaintiffs: (1) filed a lawsuit in this MDL; (2) opted in to the settlement; (3) were
sent a Notice of Incomplete Claim; and (4) failed to timely cure the deficiencies
within the required time period. Further, as previously noted, none of the above
captioned plaintiffs has responded to the pending motions to dismiss.
The Court finds that the above captioned plaintiffs failed to comply with the
requirements of the MSA. Accordingly, pursuant to the terms thereof, the above

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captioned plaintiffs’ cases are subject to dismissal with prejudice.
The claims of the above captioned plaintiffs are DISMISSED WITH
PREJUDICE.
The Court DIRECTS the CLERK OF THE COURT to ENTER JUDGMENT
ACCORDINGLY.
IT IS SO ORDERED.
Signed this 27th day of March, 2015

Digitally signed
by David R.
Herndon
Date: 2015.03.27
15:01:18 -05'00'
District Judge
United States District Court

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