Friday, May 10, 2013 - A recent Case Management Order (No. 31 Regarding Discovery of Documents Reviewed by Deponents) issued by Judge David Herndon, the federal judge in the Pradaxa Products Liability Litigation (MDL No. 2385, United States District Court, Southern District of Illinois) denied the defendant Boehringer Ingelheim Pharmaceuticals, Inc.‘s, which manufacturers and markets Pradaxa, attempt to block the Plaintiffs from discovering the documents reviewed by a deponent in advance of that person‘s deposition. In an interesting twist, the attorneys representing Boehringer Ingelheim in the Pradaxa lawsuit led off volunteering that any document reviewed by a witness would have been provided by defense attorneys; the defense argued that such meant the documents‘ identities were thereby cloaked with work product protection. In denying the Defendants‘ motion (and requiring disclosure of all documents reviewed by a deponent), the Court described Defendants‘ position as disingenuous and held that their strategic decision to voluntarily disclose their practice negated any work product protection.
In Case Management Order No. 30 (Production of BIPI Employee Personnel Files), Judge Herndon wholly denied the Defendant‘s attempt to block Plaintiffs from discovering aspects of BIPI deponent personnel files. Over Defendant‘s objection, the Court is requiring production of any and all bonus and compensation information (whether or not Pradaxa-related), including specific dollar amounts.
Pradaxa is anti-coagulant that was approved by the FDA in October of 2010 to prevent stroke in people with AFib (atrial fibrillation). Pradaxa internal bleeding issues were soon reported (forbes.com/sites/larryhusten/2011/12/07/fda-undertakes-safety-review-of-dabigatran-pradaxa/) prompting the FDA to issue a Safety Communication in December of 2011 that warned Pradaxa users of the potential of "serious bleeding events."
Mark Niemeyer, a partner with Onder, Shelton, O‘Leary & Peterson, LLC who was appointed to a leadership role within the Pradaxa Products Liability Litigation, provided this information. He and the other Pradaxa lawyers within The Onder Law Firm‘s pharmaceutical division are offering a free case review with no further obligation to the families of persons who experienced severe internal bleeding after using Pradaxa. All Pradaxa claims are being handled on a contingency basis with no cost to the client unless they successfully win compensation for them.
Additionally, The Onder Law Firm invites other law firms to consult with its Pradaxa lawyers, and is available either to handle those cases or work as co-counsel.