Advancing Track 2 Discovery in Litigation
On March 8, 2024, during a pivotal moment in the ongoing litigation, plaintiffs’ lawyers advocated for progress in Track 2 cases, which encompass a range of serious illnesses including prostate cancer, liver cancer, lung cancer, breast cancer, and kidney disease. They urged the court to lift the stay on Track 2 Discovery Pool cases and to initiate fact discovery for each plaintiff’s lawsuit upon the selection of Track 2 discovery plaintiffs.
In contrast, the government proposed a different approach, suggesting a delay in lifting the stay on fact discovery for Track 2 illnesses until after the selection of Track 1 bellwether trial cases. This proposal sets the stage for potential divergence in strategies between the parties involved as they navigate the complexities of the legal process.
