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Sharing Medical Device Mass Tort Actions

By Lawrence Goldhirsch and Michael Pederson

A medical device case poses numerous pleading problems (see “Practice Tip: Pleading Medical Device Complaints,” LJN's Product Liability Law and Strategy, August, 2011). However, before one even reaches the pleading stage, there are major hurdles to consider.

If a firm is “lucky” enough to be retained on 100 such cases, the legal triage begins immediately. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task. Ever since the U.S. Supreme Court's decisions in Goodyear v. Brown, 131 S. Ct. 2846 (2011), and Daimler v. Bauman, 134 S. Ct. 746 (2014), jurisdiction over out-of-state manufacturers has become an unstable issue in every case where a plaintiff has been injured by a product designed and manufactured outside of the plaintiff's state of use. (See “Jurisdiction in Product Liability Cases after 2014,” LJN's Product Liability Law and Strategy, March, 2015.)

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