Hines v. C R Bard Inc
- Paul Gardephe
- 1:20-cv-07197
- U.S. District Court · Southern District of New York
- 3
In Hines v. C R Bard, Judge Parker granted a 90-day discovery stay and rescheduled the initial case-management conference.
The stay affected plaintiff Saladeem Hines and defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.; it paused discovery and postponed the initial case-management conference.
What happened
Hines v. C R Bard Inc. is a product-liability case involving an implanted Bard inferior vena cava filter. The parties said they were negotiating a possible settlement covering this and similar cases.
The parties jointly asked to pause case activities for 90 days and postpone the initial case-management conference. The court granted the 90-day discovery stay, required a joint status letter by January 19, 2021, and moved the conference to January 21, 2021.
Judge Katharine H. Parker signed the order on October 19, 2020. The order addressed discovery and scheduling; it did not decide the parties’ underlying claims.
The detailed version
- Hines v. C R Bard Inc · No. 1:20-cv-07197
- Paul Gardephe
- Oct. 19, 2020
Background
This case concerns alleged injuries associated with the implantation of a Bard inferior vena cava filter, a prescription medical device. The opinion states that the case was originally filed in Texas state court, removed to the Northern District of Texas, and transferred to the Southern District of New York on September 3, 2020. The claims against McKesson Corporation had previously been dismissed without prejudice under a joint stipulation.
The defendants, C. R. Bard, Inc. and Bard Peripheral Vascular, Inc., and plaintiff Saladeem Hines jointly requested a 90-day stay of discovery and an adjournment of the initial case-management conference. They reported that they were engaged in settlement negotiations involving this case and similar inferior vena cava filter cases. They argued that a stay would conserve the parties’ resources, avoid burdens on medical providers and governmental entities, and reduce discovery-related disputes while negotiations continued.
Ruling
Judge Katharine H. Parker granted the 90-day stay of discovery. The parties were ordered to file a joint status letter by January 19, 2021. The telephonic initial case-management conference set for November 10, 2020, was rescheduled to January 21, 2021, at 10:00 a.m. The order did not resolve the merits of the product-liability claims or state whether the case would settle.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.