Case Management Conference Highlights: Bard PowerPort MDL-3081
On May 27, 2024, Judge Campbell presided over the seventh Case Management Conference in the Bard PowerPort MDL-3081, addressing several key points:
ESI Production: Agreement reached on search terms for electronic document production from the first 30 custodians, with a completion deadline of July 1, 2024. Ongoing discussions for the next 30 custodians, with a completion deadline of August 15, 2024.
DocuShare Documents: No agreement reached on substantial completion deadline for DocuShare documents. Further updates to be provided at the next conference.
Successor Liability: Parties to discuss efforts to reach a stipulation on this matter in the next joint report.
Discovery Agreements: Agreements made on discovery categories, including non-IPC devices, ethanol locks, 3CG catheter position technology, and foreign discovery. Non-IPC devices limited to relevant documents for plaintiffs’ defect claims. Defendants to produce documents on ethanol lock therapy for IPCs and relevant documents for 3CG technology. Foreign discovery to include communications with foreign regulators, adverse event discussions, and documents relevant to U.S. market considerations.
Inconsistent Information: Plaintiffs Kessler and Gay asked to clarify inconsistencies within 14 days.
Medical Records: Allegations that six plaintiffs have not produced all required medical records. Plaintiffs given 14 days to respond.
Port Body Claims: Plaintiffs instructed to amend Plaintiff Profile Forms to assert port body claims, remaining in the Initial plaintiff pool for bellwether selection, though new claims may raise procedural issues.
The eighth Case Management Conference is scheduled for July 9, 2024, via Zoom, with a joint update due by July 8, 2024.
