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We’ve been posting about decisions from In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation, MDL 2775, since 2018.  Its preemption ruling on defendant’s motion to dismiss made the list of ten worst decisions from 2018, and a subsequent preemption decision reflected more MDL madness.   Things improved when the court began addressing causation at summary judgment, and pretty soon cases were falling like dominoes.  Today’s decision from the MDL, Williams v. Smith & Nephew, Inc., 2024 WL 99542 (D. Md. Jan. 8, 2024), continues that positive trend.Continue Reading Another Dismissal in the Birmingham Hip MDL

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It has been almost exactly one year since we brought you Part 2 of this Lone Pine story; so, like the court in its most recent decision, we’ll give you a little refresher.  The Zostavax MDL in its fifth year.  Plaintiffs allege that defendants’ anti-shingles vaccine caused them various injuries including shingles, hearing loss, and

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Listen to your gut.  Follow your instincts.  Trust your intuition.  Great advice in many situations.  Like deciding whether to buy skinny jeans or whether to buy your forever home.  Or, when things seem “off” or feel “dangerous.”  Or, when your body is trying to tell you something about your health.  These are all times to

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The Granuflo/Naturalyte MDL (“G/N”) was created a decade ago, in 2013.  In re Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation, 935 F. Supp. 2d 1362 (J.P.M.L 2013).  Notwithstanding a settlement in 2016, it’s still up and running, it appears.  Over the past decade, the G/N MDL had distinguished itself for – not much, really.  We wrote a grand total of one post about it during that time, which collected several one-off state-law rulings, but zero preemption, expert admissibility, or core product liability issues decided.

Until a little while ago.Continue Reading GranuFlo/NaturaLyte MDL Substantive Rulings – Better Late Than Never

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We say today’s case is about SIRVA (shoulder injury related to vaccine administration), but plaintiff tried her best to run from that allegation in her opposition to defendants’ motion to dismiss.  That’s because a SIRVA case runs up against not only a preemption obstacle, but also serious duty and causation barriers.  But since the court