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NTM Class Action

Posted By Anapol Weiss on this February 19, 2018 at 1:43 pm

A class action lawsuit (“the Lawsuit”) was filed on behalf of all individuals who underwent open heart surgery at WellSpan York Hospital between October 1, 2011 and July 24, 2015 or Penn State Milton S. Hershey Medical Center between November 5, 2011 and November 5, 2015 who have not been diagnosed with and do not have any current symptoms of non-tuberculous mycobacterium (NTM) infection.

The Lawsuit was filed by Edward Baker and Jack Miller (“Plaintiffs”) against Sorin Group Deutschland GmbH and Sorin Group USA, Inc. (“the Defendants”) and is titled Baker, et al. v. Sorin Group Deutschland GmbH, et al., No. 1:16-cv-00260.  The Lawsuit is pending in the United States District Court for the Middle District of Pennsylvania.

The Lawsuit does not seek any monetary damages, which means there is no possibility that you will be awarded money.  The Lawsuit seeks to compel the Defendants to finance a court-supervised medical monitoring fund which would allow you to obtain free screening and medical tests to detect NTM infections.  The Lawsuit also seeks a court declaration that the Defendants’ Sorin 3T Heater Cooler, which may have been used to heat and cool your blood during open heart surgery, is defective under Pennsylvania law.

The Court has certified a “Litigation Class”, which means that the Lawsuit may proceed on a class-wide basis to determine whether the Defendants are liable to the Class.  The Defendants dispute that they are liable.  The lawyers for the Class must prove the Defendants’ wrongdoing and the Class’s entitlement to medical monitoring at a future trial.

The full notice issued to all Class members can be viewed here NTM Class Notice.  The Judge’s October 23, 2017 Order certifying the Class can be viewed here Order Certifying Class.  A copy of the First Amended Complaint can be viewed here Amended Complaint.  A copy of the Defendants’ Answer to the First Amended Complaint can be viewed here Answer to Plaintiffs First Amended Complaint.


Topics Class Action

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