March 2013 Rulings By New Jersey Judge Martinotti And NuvaRing MDL Judge Sippel On Expert Witness Testimony Issues All Go In Favor Of Plaintiffs
Judge Rodney Sippel's October 8, 2013 Order Rescheduling First NuvaRing MDL Trial
The trial date for the Prather case has been reset and will now be April 7, 2014.
UPDATE: The Prather v. Organon case, 4:08 CV 558 RWS, which had been set to start trial in October 2013 has been rescheduled. The Prather NuvaRing trial will now be held on January 27, 2014, according to this latest Order by Judge Sippel.
From the conclusion of this same July 2013 Order:
IT IS FURTHER ORDERED that the parties are ordered to maintain regular and frequent contact with the mediator who will report the status of any negotiations to the Court.
UPDATE: Judge Rodney Sippel has scheduled the first NuvaRing case trial in the federal court MDL to start on October 21, 2013.
For more about this Prather case trial, see: "Mo. Federal Judge Denies Organon Summary Judgment on NuvaRing Punitive Damages Claim" (July 17, 2013, HarrisMartin Publishing -- subscription required)
ST. LOUIS — A Missouri federal judge has denied Organon USA Inc.’s motion for summary judgment on a NuvaRing plaintiff’s punitive damages claim, finding the device's label does not foreclose punitive damages because it does not explicitly warn of the difference in risk of venous thromboembolism and pulmonary embolism.
On July 12, Judge Rodney W. Sippel of the U.S. District Court for the Eastern District of Missouri also rejected Organon’s assertion that New Jersey, rather than Missouri, law applies to the claim.
Marianne Prather sued Organon, alleging injuries caused by NuvaRing, a combined hormonal contraceptive. NuvaRing is a flexible ring ...
UPDATE: The NuvaRing bellwether case trial in the New Jersey state court consolidated NuvaRing litigation which was scheduled to start on June 17, 2013 was CANCELLED due to adverse rulings made by New Jersey Judge Brian Martinotti in April 2013.
According to the Merck 2012 Annual Report / Form 10-K, at page 110, there were approximately 1,315 NuvaRing cases filed against Organon, Schering-Plough, and Merck at the start of January 2013, with about 1,105 of those NuvaRing lawsuits being part of the federal court NuvaRing MDL.
As background, about a year ago we posted this article, "950 NuvaRing Lawsuits Pending As Of December 31, 2011 According To Merck Annual Report", which was an update to our earlier article, "730 NuvaRing Lawsuits Filed As Of December 31, 2010 Per Merck Annual Report".
On March 5, 2013 Judge Brian Martinotti moved the first New Jersey state court NuvaRing trial date from May 6, 2013 to June 17, 2013 at the request of the defense attorneys.
It is anticipated that, in turn, Judge Rodney Sippel will move back the start date for the first federal court NuvaRing MDL trial from July 2013 to August 2013. (Note: Back in April 2010 Judge Sippel had scheduled the first NuvaRing MDL to start in June 2011.)
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Also in March 2013, both Judge Martinotti and Judge Sippel issued some significant rulings having to do with expert witnesses and expert testimony at trial. Those NuvaRing experts rulings which were in favor of the plaintiffs should be most helpful with the presentation of evidence against the drug companies at the upcoming NuvaRing trials later this year.
We will continue to report significant developments in the NuvaRing drug injury litigation.______________________________________________________________________________