Lawsuits alleging infections from Sorin Stӧckert 3T heater-cooler systems will not be consolidated into a multidistrict litigation (MDL), a panel of judges has ruled.
Free Confidential Lawsuit Evaluation: If you or a loved one developed an infection after surgery with a heater-cooler device, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
April 10, 2017 – The U.S. Judicial Panel on Multidistrict Litigation (JPML) on Wednesday denied a motion by plaintiffs to create an MDL for about 15 heater-cooler lawsuits pending in 5 federal districts across the U.S. JPML ruled that the complaints are already being successfully coordinated on an informal basis in South Carolina and elsewhere.
The Stӧckert 3T heater-cooler device is used to warm and cool patients undergoing cardiothoracic (open heart) surgery and other invasive medical procedures. The machine is manufactured by LivaNova PLC (formerly Sorin Group USA), and was cleared for sale on the U.S. market via the FDA’s 510(k) approval loophole. Under 510(K), a medical device is not required to undergo human clinical trials if a manufacturer can demonstrate that it is “substantially equivalent” to an existing product.
The 3T Heater-Cooler has been the subject of several FDA alerts, including a Class II medical device recall. The U.S. Centers for Disease Control and Prevention (CDC) announced in October that it had linked the device to an outbreak of M. chimaera in heart surgery patients in the U.S.
In an Order Denying Transfer (PDF) issued April 5, JPML stated that South Carolina’s 3T Heater-Cooler docket is already undergoing informal coordination, and that none of the parties involved in litigation outside of that jurisdiction supported consolidation.
“Opponents of centralization argue that unique factual and legal issues will predominate in this litigation, and that informal coordination is sufficient to minimize any overlap in pretrial proceedings,” the Order states. “We are persuaded that any overlapping pretrial proceedings have been and can continue to be handled through informal coordination.”
Do I Have a Heater-Cooler Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in heater-cooler lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you got a heater-cooler infection, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.