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In re Shoulder Pain Pump-Chondrolysis Products Liability Litigation

571 F.Supp.2d 1367 (2008)

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In re Shoulder Pain Pump-Chondrolysis Products Liability Litigation

United States Judicial Panel on Multidistrict Litigation
571 F.Supp.2d 1367 (2008)

Facts

Thirteen personal injury actions arising from alleged injuries caused by shoulder pain pumps or by the anesthetic drugs used in the pumps were pending in eight federal district courts. The actions involved an undetermined number of pain pumps produced by multiple manufacturers as well as several anesthetics made by different pharmaceutical companies. Most of the lawsuits did not include the same defendants. Instead, many defendants were named in only a few lawsuits. The plaintiffs in three of the cases, two pending in the District of Oregon and one pending in the District of Minnesota, moved to centralize all 13 actions in the District of Oregon pursuant to 28 U.S.C. § 1407. Eight plaintiffs supported the motion to centralize, and four plaintiffs supported centralization but requested transfer to their respective districts in the alternative. All the defendants to the actions opposed centralization, but a majority of the defendants expressed a preference that, if the motion for centralization were granted, the litigation be transferred to either the Eastern District of Kentucky or the Northern District of Illinois.

Rule of Law

Issue

Holding and Reasoning (Heyburn, Chmn.)

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