The United States District Court for the Middle District of Pennsylvania Vertical Tabs MDL HomeIntroductionMDL 2816 IN RE: SORIN 3T HEATER-COOLER SYSTEM Assigned to: Honorable Christopher C. Conner Date Filed: 02/02/2018 Jury Demand: None Nature of Suit: 367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability Jurisdiction: Federal Question MDL 2816, In Re: Sorin 3T Heater-Cooler System Products Liability Litigation (No.II), involves issues relating to personal injury and wrongful death allegedly caused by the Sorin 3T Heater-Cooler System (“Sorin 3T System”), manufactured by Defendants Sorin Group USA, Inc., Sorin Group Deutschland GmbH, and LivaNova PLC. (collectively, “Sorin”). The Judicial Panel on Multidistrict Litigation (the “Panel”) originally transferred thirty-nine actions that were pending in 21 districts to Judge John E. Jones III of the Middle District of Pennsylvania. Additional actions have been transferred following the Panel’s initial order. The Sorin 3T System is a medical device used during open heart surgeries. It provides temperature controlled water to heat exchanger devices in the operating room where blood is pumped into separate chambers during surgery. These devices are intended to be used to warm or cool a patient during the surgery so that the patient’s body temperature is maintained at a normal level. Plaintiffs are patients who have undergone open chest surgeries using a Sorin 3T System, or their decedents. Plaintiffs allege that design defects and/or manufacturing defects in the Sorin 3T System promote colonization of bacteria called non-tuberculous mycobacterium (NTM) to which patients are exposed during surgery, posing significant risks of bodily injury or death. Plaintiffs allege that the water in the tanks of the Sorin 3T System is aerosolized through the exhaust system, which may cause bacteria to be released into the ambient air of the operating room. Plaintiffs allege that the Defendants failed to adequately warn of the risks of the Sorin 3T System and/or provided misleading and erroneous instructions regarding how to disinfect or sterilize the Sorin 3T System. As a result, Plaintiffs allege that they or their decedents contracted an infection. The purpose of this MDL is to facilitate the fair and expeditious administration of pretrial matters in the pending actions, as they present common questions of law and fact. The Panel initially designated Judge John E. Jones III of the Middle District of Pennsylvania as the transferee court responsible for coordinated pretrial proceedings pursuant to 28 U.S.C. § 1407. The Panel reassigned the MDL to Judge Christopher C. Conner of the Middle District of Pennsylvania on July 23, 2021, upon Judge Jones’s retirement. ProceedingsUpcoming None Past December 11, 2019: 2:00 pm: Status conference callNovember 18, 2019: 2:00 pm: Conference call with CHNOLA PlaintiffsSeptember 25, 2019: 2:00 pm: Status conference callJuly 16, 2019: 2:00 pm: Status conference callMarch 27, 2019: 2:00 pm: Status conference callApril 23, 2019: 2:00 pm: Status conference callJanuary 23, 2019: 2:00 pm: Status conference callFebruary 28, 2019: 12:30 pm: Status conference callMarch 27, 20192:00 pm: Status conference callApril 23, 2019, 2:00 pm: Status conference call5/31/2018, 10:00 am: Case Management Conference - Courtroom 2 before Honorable John E. Jones7/2/2018, 2:30 pm: Status conference call8/1/2018, 2:00 pm: Status conference call9/12/2018, 2:00 pm: Status conference call10/23/2018, 2:00 pm: Status conference call11/26/2018, 2:00 pm: Status conference call 12/19/2018, 2:00 pm: Status conference call AnnouncementsThe status conference call scheduled for November 27, 2018 has been moved to November 26, 2018 at 2:00 pm. Contact InformationJudge Christopher C. Conner United States Judge for the Middle District of PennsylvaniaBiographical Information Sorin MDL-specific e-mail: Sorin.MDL@pamd.uscourts.gov Chambers phone number: (717) 221-3945 228 Walnut Street, P.O. Box 983 Harrisburg, PA 17101 Middle District of Pennsylvania Clerk's Office: Dawn McNew, Operations Clerk, Harrisburg Clerk's Office 717-221-3929 | Dawn_Mcnew@pamd.uscourts.gov Court Reporter: Wendy C. Yinger, RMR, CRR Official Court Reporter U.S. District Court for the Middle District of Pennsylvania (717) 440-1535 | Wendy_Yinger@pamd.uscourts.gov Plaintiffs' Lead/Liaison Counsel: Sol H. Weiss Anapol Weiss, Philadelphia PA (215) 735-2098 | Sweiss@anapolschwartz.com Plaintiffs' Executive Committee: Michael K. Johnson Johnson//Becker, PLLC, St. Paul, MN (612) 436-1802 | Mjohnson@johnsonbecker.com Karen A. Lorenzen Hayes Lorenzen Lawyers, PLC, Iowa City, IA (319) 887-3688 | Klorenzen@hlplc.com Roopal P. Luhana Chaffin Luhana LLP, New York, NY (347) 269-4467 | Luhana@chaffinluhana.com Matt Schultz Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola, FL (850) 435-7140 | Mschultz@levinlaw.com Steven W. Sanford Cadwell Sanford Deibert & Garry, LLP, Sioux Falls, SD (605) 336-0828 James L. Ward, Jr. McGowarn, Hood & Felder, LLC, Mt. Pleasant, SC (843) 388-7202 | Jward@mcgowanhood.com Defendants' Leas/Liason Counsel: Linda S. Svitak Delmar R. Ehrich Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Telephone: 612-766-7000 E-mail: email@example.com E-mail: firstname.lastname@example.org Jared B. Briant Faegre Baker Daniels LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203-4520 Telephone: 303-607-3500 E-mail: email@example.com Mark E. Gebauer Eckert Seamans Cherin & Mellott, LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Telephone: 717-237-6052 E-mail: firstname.lastname@example.org OrdersNovember 6, 2019 - Order Conference Call set for November 18, 2019 October 2, 2019 - Order Status Call set for December 11, 2019 August 13, 2019 - Conditional Transfer Order (CTO-27) July 17, 2019 - Order Status Call set for September 25, 2019 May 2, 2019 - Order Status Call set for July 16, 2019 April 16, 2019 - Case Management Order (CMO-15) March 20, 2019 - Conditional Transfer Order (CTO-26) March 4, 2019 - Case Management Order (CMO-14) January 30, 2019 - Order Resetting Conference Call December 21, 2018 - Order December 14, 2018 - Conditional Transfer Order (CTO-25) December 3, 2018 - Case Management Order No. 13 Order Appointing Settlement Master November 6, 2018 - Conditional Transfer Order (CTO-24) October 11, 2018 - Conditional Transfer Order (CTO-23) October 11, 2018 - Order September 24, 2018 - Conditional Transfer Order (CTO-22) September 5, 2018 - Conditional Transfer Order (CTO-21) August 23, 2018 - Conditional Transfer Order (CTO-20) August 15, 2018 - Conditional Transfer Order (CTO-19) August 14, 2018 - Conditional Transfer Order (CTO-18) July 10, 2018 - Case Management Order No. 11 July 18, 2018 - Conditional Transfer Order (CTO-17) July 17, 2018 - Conditional Transfer Order (CTO-16) July 16, 2018 - Conditional Transfer Order (CTO-15) July 10, 2018 - Case Management Order No. 10 July 10, 2018 - Case Management Order No. 9 July 9, 2018 - Conditional Transfer Order (CTO-14) July 9, 2018 - Case Management Order No. 8 July 9, 2018 - Case Management Order No. 7 July 5, 2018 - Conditional Transfer Order (CTO-13) June 22, 2018 - Conditional Transfer Order (CTO-12) June 29, 2018 - Case Management Order No. 6 June 29, 2018 - Revised Case Management Plan June 19, 2018 - Case Management Order No. 5 June 4, 2018 - Case Management Order No. 4 May 31, 2018 - Case Management Order No. 3 May 23, 2018 - Conditional Transfer Order (CTO-11) May 16, 2018 - Conditional Transfer Order (CTO-10) May 11, 2018 - Conditional Transfer Order (CTO-9) April 23, 2018 - Conditional Transfer Order (CTO-8) April 17, 2018 - Conditional Transfer Order (CTO-7) April 13, 2018 - Conditional Transfer Order (CTO-6) March 23, 2018 - Conditional Transfer Order (CTO-5) March 13, 2018 - Conditional Transfer Order (CTO-4) March 9, 2018 - Conditional Transfer Order (CTO-3) February 28, 2018 - Conditional Transfer Order (CTO-2) February 26, 2018 - Case Management Order 2 February 12, 2018 - Conditional Transfer Order (CTO-1) February 9, 2018 - Amended Case Management Order No. 1 February 1, 2018 - Multidistrict Litigation Transfer Order ResourcesECF Log InPACERU.S. Judicial Panel on Multidistrict LitigationManual for Complex Litigation, 4th ed.Local Rules of Court [PDF version] U.S. Food and Drug Administration - Investigation of infections associated with heater cooler devices Center for Disease Control and Prevention - Contaminated Heater-Cooler Devices FAQsWhat is multidistrict litigation? Multidistrict litigation is litigation pending in more than one federal district court involving common questions of fact. When such cases involve civil actions, they may be transferred by the Judicial Panel on Multidistrict Litigation (The Panel) to any federal court for coordinated and consolidated pretrial proceedings. What is the Judicial Panel on Multidistrict Litigation? The panel is a group of seven federal judges designated by the Chief Justice of the United States. The Panel has the responsibility for determining which cases qualify for multidistrict litigation treatment, as well as which district court to transfer and consolidate these cases. The transfers are made pursuant to 28 U.S.C. §1407, upon the Panel's determination that the transfers will result in the convenience of the parties and witnesses and will promote the just and efficient conduct of the cases. How are the cases to be transferred brought before the Panel? Proceedings for transfer may be initiated by the Judicial Panel on Multidistrict Litigation upon its own initiative or a motion filed with the Panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the Panel convenes a hearing and notifies all parties of the place and time of the hearing. The Panel's order of transfer is based on a record of such hearing at which material evidence may be offered by any party to an action in any federal court that would be affected by the transfer. If my case is subject to a transfer order, but the case has not yet been transferred to the Middle District of Pennsylvania, where should I file my documents? Transfers under 28 U.S.C. §1407 become effective with the filing of the Panel's transfer order in the clerk's office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Middle District of Pennsylvania, you must make all future filings in the Middle District of Pennsylvania. How do I register for electronic filing for the Middle District of Pennsylvania? Information on electric case filing with the Middle District of Pennsylvania can be found on the court’s website. If I am not admitted to practice before the Middle District of Pennsylvania, do I need local counsel and pro hac vice admittance to this district? Counsel who entered an appearance in a transferor court prior to the transfer of a case to this court need not enter a separate appearance before this court. Attorneys admitted to practice and in good standing in any United States District Court are admitted pro hac vice in this litigation. The requirements of Local Rule 83.9, which relates to association with local counsel, are waived with regard to all attorneys appearing in these actions. What procedural rules govern this litigation? The Federal Rules of Civil Procedure and the Local Rules for the Middle District of Pennsylvania.