Two days ago, plaintiffs in several shoulder pain pump cases filed a renewed petition for transfer, consolidation and/or coordination in an MDL (MultiDistrict Litigation). The 82-page motion (with exhibits) was made before the Judicial Panel on MultiDistrict Litigation. The last petition was denied on August 11, 2008.
The attorneys spearheading the efforts are from the law firms of Janet, Jenner & Suggs (Baltimore, Maryland), Cohen & Malad (Indianapolis, Indiana) and Schachter, Hendy & Johnson (Fort Wright, Kentucky). The movants are requesting that the federal pain pump cases be consolidated before Judge Tunheim in Minnesota (Judge Tunheim is also overseeing the Levaquin MDL).
Consolidation in Minnesota makes a lot of sense, here. The denial of the last petition happened when there were only about 13 filed federal cases. There are about 147 known pain pump cases filed nationally in the federal system. Right now, Judge Tunheim is overseeing a large proportion of them—34 (23%). There is also a large number of cases being overseen by Judge Aiken in Oregon—it is likely that the law firm of Williams Love O’Leary & Powers will request that any consolidation be before her.
Hopefully a hearing date will be set in early January.