Zayat v. C R Bard Incorporated

Background

This case is a product-liability action involving a Bard inferior vena cava filter, a prescription implantable medical device. Plaintiff Sam Zayat and defendants C. R. Bard Incorporated and Bard Peripheral Vascular Incorporated jointly requested a 120-day stay of discovery and an adjournment of the initial pretrial conference.

The parties represented that they were engaged in advanced negotiations for a global settlement covering this case and similar inferior vena cava filter cases. They said this case had been settled in principle and that they were finalizing the global settlement. They argued that a stay would conserve the resources of the court, the parties, third-party medical providers, and governmental entities, and could avoid discovery-related disputes while settlement discussions continued.

Court’s Ruling

The court found, based on the parties’ representations about the settlement discussions, that a stay of discovery was warranted. It ordered that discovery be stayed through October 11, 2021. The court also adjourned the initial pretrial conference scheduled for June 18, 2021, without setting a new date. If needed, the parties were directed to submit a letter before the discovery stay expired addressing the status of settlement discussions and proposed next steps.

This order addressed discovery and scheduling only. It did not decide the merits of the product-liability claims or state that the settlement had been finalized.