Yandle
BENTON – U.S. District Judge Staci Yandle shut down a pelvic mesh suit, finding physician Pernankel Nayak of Effingham contradicted his earlier declaration at a deposition and stated he didn’t write it.
Yandle struck the declaration on May 4, credited Nayak’s deposition testimony, and granted summary judgment to defendants Johnson & Johnson and Ethicon.
Plaintiff Dianne Donaldson of Effingham County had asked Yandle to strike only the portions of the declaration Nayak disowned.
Michael Meyer of Effingham filed her suit in district court in 2015, claiming mesh from two devices in an implant eroded into her tissues.
Former district judge David Herndon transferred it to multi district proceedings before District Judge Joseph Goodwin of Charleston, West Virginia.
Rosenstengel
EAST ST. LOUIS – One hundred and two residents of other states who piggybacked on a suit against Johnson & Johnson in the Southern District of Illinois fell off on April 14, when Chief Judge Nancy Rosenstengel dismissed their claims.
She found the U.S. Supreme Court made clear that plaintiffs should bring actions in forums where the activities giving rise to their claims occurred.
Attorneys Jacob Flint and Andrew Feldman of Edwardsville filed the suit in December, for ten Southern Illinois residents alleging injuries from pelvic mesh implants.
They named Johnson & Johnson subsidiary Ethicon as second defendant and asserted that defendants had significant contacts with the district and therefore subject to personal jurisdiction of the court.