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Eighth Circuit Decertifies Class in St. Jude Heart Valve Case: Issues of Individual Causation Predominate

By Scott Elder and Josh Becker

The Eighth U.S. Circuit Court of Appeals recently decertified a class of more than 11,000 plaintiffs in the Silzone heart valve litigation on the basis that individual questions regarding causation would predominate over any common issues related to the truth or falsity of the alleged misrepresentations. In re St. Jude Medical, Inc., No. 06-3860, 2008 WL 942274 (8th Cir. April 9, 2008) ('The need for such plaintiff-by-plaintiff determinations means that common issues will not predominate the inquiry into St. Jude's liability.').

The Silzone heart valve litigation arose after the defendant, St. Jude Medical, voluntarily recalled prosthetic heart valves due to an increased risk of paravalvular leaks. Following consolidation of more than 11,000 claims from across the country in an MDL, plaintiffs filed a consolidated complaint asserting claims for strict liability, breach of warranty, negligence, medical monitoring and violations of Minnesota's False Advertising Act, Consumer Fraud Act, Unlawful Trade Practices Act and the Uniform Deceptive Trade Practices Act. In re St. Jude Medical, Inc., No. 01-1396, 2003 WL 1589527 at * 1 (D. Minn. March 27, 2003).

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