The opinion of the court was delivered by: Honorable David R. Herndon Chief Judge, United States District Court
This Document Relates to:
(Preservation of Records and Prima Facie Evidence of Usage, Injury and Causation Requirements for Gallbladder Plaintiffs)
This Order applies to all plaintiffs with personal injury claims in MDL No. 2100 alleging in either their complaint or Plaintiff Fact Sheet, a gallbladder injury either alone or in combination with another injury, unless that other injury is a venous or arterial thromboembolism (collectively, "Gallbladder Plaintiffs"). This Order requires such Gallbladder Plaintiffs to produce certain specified information regarding their gallbladder claim ("Gallbladder Case" or "Gallbladder Claim"). This Order does not apply to plaintiffs in MDL Docket No. 2100 who do not allege gallbladder injuries or who allege a venous or arterial thromboembolism as well as a gallbladder injury. Persons who represent themselves pro se in this proceeding shall comply fully with all obligations required of counsel by this Order, unless otherwise stated.
I. PRESERVATION NOTICE REQUIREMENT
A. For Gallbladder Cases pending in the MDL as of the entry of this Order or filed prior to March 26, 2013, counsel for a Gallbladder Plaintiff shall, no later than July 8, 2013, notify the following individuals or entities, by registered mail (with return receipt), that the individual or entity may have records relevant to the Plaintiff's claim in this MDL Proceeding ("Claim") and that any records relating to the Plaintiff must be preserved pursuant to CMO No. 11 entered by this Court on February 18, 2010 (the "Notice"), pending collection by the Plaintiff:
1. All Pharmacies that dispensed any medications to the Plaintiff for the period from three years prior to the date of the first diagnosis of the gallbladder injury to the present;
2. All Physicians, Medical Facilities, other Healthcare Providers and/or other persons ("Other Providers") who prescribed drospirenone-containing oral contraceptives ("DCOCs") for the Plaintiff, or provided any samples of DCOCs to the Plaintiff;
3. All Physicians and/or other Healthcare Providers who treated Plaintiff for the period from three years prior to the date of the first diagnosis of the gallbladder injury to the present; and
B. For Gallbladder Cases filed on or after March 26, 2013, counsel (or if a plaintiff is proceeding pro se, the plaintiff) shall, within thirty (30) days of their Claim being filed in or transferred to this MDL be responsible for (1) ensuring that all records in the possession of the Plaintiff's Pharmacies, Physicians, Medical Facilities, Healthcare Providers, and/or Other Providers as described in Paragraph A above have been preserved, collected and reviewed, and (2) sending a Notice, by registered mail (with return receipt), to the individuals or entities listed above in Paragraph A.
C. A copy of CMO No. 11 shall be attached to the Notice sent pursuant to this Section and all copies of the Notice shall be preserved by Counsel for Plaintiff for so long as the Claim remains pending in this proceeding.
D. Gallbladder Plaintiffs shall serve a statement listing the names and addresses of all individuals or entities to which Notices were sent, along with copies of the Notices and a signed certification that the Notices were sent as ...