In re St. Jude Medical, Inc.

Recipients of Silzone prosthetic heart valves (plaintiffs) brought multiple actions against the manufacturer of the valve, St. Jude Medical, Inc. (SJM) (defendant), after new research indicating that the Silzone valves had increased risk of paravalvular leaks over other similar products prompted a recall of unimplanted valves. The plaintiffs sought to recover both monetary damages and injunctive relief via medical monitoring under various theories of common-law and statutory liability. The Judicial Panel on Multidistrict Litigation consolidated the plaintiffs’ actions for pretrial proceedings in Minnesota, and multiple plaintiffs moved for class certification for three proposed classes: an injunctive class seeking medical monitoring under Rule 23(b)(2), a personal-injury class seeking monetary damages under Rule (b)(3), and a consumer-protection class under Rule 23(b)(3). The district court unconditionally certified the consumer-protection class and conditionally certified the personal-injury class and the medical-monitoring class, but the personal-injury class was ultimately decertified because too much variation existed between the applicable state laws to be reasonably managed in sub-classes. After cursory analysis, the district court determined that Minnesota law should be applied to the consumer-protection class. SJM appealed both class certifications.