In re Factor VIII or IX Concentrate Blood Products Litigation

169 F.R.D. 632 (1996)

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In re Factor VIII or IX Concentrate Blood Products Litigation

United States District Court for the Northern District of Illinois
169 F.R.D. 632 (1996)

Facts

Hemophilia patients use factor concentrates, derived from donated blood plasma, to help with blood clotting. A number of hemophilia patients (patients) (plaintiffs) were infected with human immunodeficiency virus (HIV) and sued the factor-concentrate manufacturers (manufacturers) (defendants), alleging that the patients’ HIV infections were caused by the negligent preparation of the products. The litigation was comprised of 190 actions in a variety of courts, all of which were transferred to Judge Grady in the United States District Court for the Northern District of Illinois. Judge Grady established a deadline for the parties to name expert witnesses and to provide for depositions. The manufacturers designated 137 potential expert witnesses. The patients, arguing that it was impossible to depose all 137 expert witnesses, moved for an order requiring the manufacturers to shorten their expert-witness list. The manufacturers argued that, as transferee judge, Judge Grady had authority only over pretrial matters. Because at least a portion of the expert witnesses were expected to testify at trial, the manufacturers argued, the length of the expert-witness list was a trial matter and thus beyond Judge Grady’s authority.

Rule of Law

Issue

Holding and Reasoning (Grady, J.)

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