In Re: Oral Sodium Phosphate Solution-Based Products Liability Litigation
| Master Docket Number: | 1:09-sp-80000 |
| Presiding Judge: | Dan A. Polster |
| Courtroom Deputy | Robert Pitts 216-357-7192 |
| Special Master |
David Rosenblum Cohen Law Office of David R. Cohen Ste. 360 23220 Chagrin Blvd. Cleveland, OH 44122 216-831-0001 Fax: 866-357-3535 Email: david@specialmaster.biz |
| Plaintiffs' Liaison Counsel |
John R. Climaco Climaco, Lefkowitz, Peca, Wilcox & Garofoli Ste. 1950 55 Public Square Cleveland, OH 444113 216-621-8484 Fax: 216-771-1632 Email: jrclim@climacolaw.com |
| Plaintiffs' Co-Lead Counsel |
Hunter J. Shkolnik Rheingold, Valet, Rheingold, Shkolnik & McCartney 113 East 37th Street New York, NY 10016 212-684-1880 Fax: 212-689-8156 Email: hshkolnik@rheingoldlaw.com Stephen J. Foley |
| Defendants' Liason Counsel |
Michael L. Snyder McDonald Hopkins Ste. 2100 600 Superior Avenue, E Cleveland, OH 44114 216-348-5400 Fax: 216-348-5474 Email: msnyder@mcdonaldhopkins.com |
| Defendants' Co-Lead Counsel |
Earl W. Gunn Weinberg Wheeler Hudgins Gunn & Dial Ste. 3000 One Atlanta Plaza 950 East Paces Ferry Road Atlanta, GA 30326-1382 404-876-2700 Email: bgunn@wwhgd.com Nina M. Gussack |
| Description | All actions share factual questions relating to oral sodium phosphate solution-based (OSPS) products manufactured and sold by FLEET. Plaintiffs in all actions challenge the safety of those products and allege personal injuries stemming from their use of those products. In particular, plaintiffs allege that high doses of OSPS products could lead to acute phosphate nephropathy, a type of kidney injury. |
Orders Pertaining to MDL 2066
| Transfer Order | Initial Transfer Order from Judicial Panel on Multidistrict Litigation | 6/23/2009 |
| Pretrial Order No. 1 | Initial Case Conference: Appointment of Interim Liaison Counsel | 7/16/2009 |
| Order of Appointment | Order of Appointment of David R. Cohen as Special Master | 8/24/2009 |
| Order of Appointment Plaintiffs' Committees | Appointment of Plaintiffs' Executive Committee and Plaintiffs' Steering Committee | 9/10/2009 |
| Case Management Order No. 1 | Case Management Order Number One | 11/24/2009 |
| Plaintiff Fact Sheet Order | Plaintiff Fact Sheet Order | 11/24/2009 |
| Master Consolidated Complaint for Individuals | Master Consolidated Complaint for Individuals | 12/22/2009 |
| Short Form Complaint by Adoption | Short Form Complaint by Adoption | 12/22/2009 |
| Settlement Order No. 1 entered by Judge Dan A. Polster | Settlement Order No. 1 entered by Judge Dan A. Polster | 1/7/2010 |
| Settlement Order No. 2 entered by Judge Dan A. Polster | Settlement Order No. 2 entered by Judge Dan A. Polster | 1/26/2010 |
| Settlement Order No. 3 entered by Judge Dan A. Polster | Settlement Order No. 3 entered by Judge Dan A. Polster | 4/22/2010 |
| Settlement Order No. 4 entered by Judge Dan A. Polster | In re: Chartis Insurance Company | 5/7/2010 |
| Settlement Order No. 6 entered by Judge Dan A. Polster | In re: Master Settlement Agreement | 6/15/2010 |
| Order Regarding Settlement Consideration Form | Settlement Consideration Form | 6/18/2010 |
| Corrected Order Regarding Settlement Consideration Form | Corrected Order Regarding Settlement Consideration Form | 6/18/2010 |
| Order Claim Processing | Order Regarding Claim Processing Schedule | 7/19/2010 |
| Claims Review Protocol | Claims Review Protocol Order | 10/6/2010 |
| Memorandum and Order | Pursuant to Local Rule 5.2, this Order makes clear that Fleet and all Claimants are authorized to file Claimant's private medical records, as well as briefs under seal, without need for a separate motion. | 11/19/2010 |
| Memorandum and Order | Going forward, the clerk of courts will: (1) place under seal any valuation decision filed by the Special Master or the Court; and (2) serve a copy of any such valuation decision upon the Claimant, Plaintiffs Liaison Counsel (PLC John Climaco), and Fleet. PLC may then share valuation decisions only with attorneys who represent a Claimant who signed a Participation Agreement. Going forward, if either Fleet or a Claimant appeals a Special Master valuation decision to the Court, the parties will file documents relating to this appeal under seal. | 12/2/2010 |
| Order | The Court will engage in a MANDATORY conference with Persons listed in this Order. Conference will be held in Chambers 18B on Tuesday, June 26, 2012 beginning a t 9:00a.m. EST and continuing that day for as long as necessary. | 6/15/2012 |