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JPML Declines to Centralize Heater-Cooler Litigation

The U.S. Judicial Panel on Multidistrict Litigation (JPML) has rejected a bid to consolidate all federal heater-cooler lawsuits for pretrial handling.

A panel of judges has determined that the growing litigation surrounding infections alleged from Sorin Stӧckert 3T heater-cooler systems does not warrant creation of a multidistrict litigation (MDL).

Free Confidential Lawsuit Evaluation: If you or a loved one got an infection after surgery with a heater-cooler device, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

What’s the Problem?

April 10, 2017 – As a result of the U.S. Judicial Panel on Multidistrict Litigation’s ruling, all heater-cooler lawsuits will proceed on an individual basis in their original jurisdictions.

The Stӧckert 3T heater-cooler device is used to optimize care and improve outcomes during open-heart surgery and other invasive medical procedures. The device features water tanks that transport temperature-controlled water to external heat exchangers or warming/cooling blankets through closed circuits.

Although the water in the heater-cooler does not come into direct contact with the patient, there is a potential for contaminated water to enter other parts of the device or transmit bacteria through the air via its exhaust vent and onto the patient, resulting in a severe infection.

On April 5, JPML issued an Order Denying Transfer (PDF) which stated that South Carolina’s 3T Heater-Cooler docket is already undergoing successful informal coordination. The Panel also noted that none of the parties to lawsuits filed outside of South Carolina supported the MDL.

“Opponents of centralization argue that unique factual and legal issues will predominate in this litigation, and that informal coordination is sufficient to minimize any overlap in pretrial proceedings,” the Order states. “We are persuaded that any overlapping pretrial proceedings have been and can continue to be handled through informal coordination.”

Do I Have a Heater-Cooler Lawsuit?

The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in heater-cooler lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

Free Case Evaluation: Again, if you got an infection from a heater-cooler machine, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

Free Confidential Case Evaluation

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