ILNews

COA: Guidant suit to stay in Indiana

Michael W. Hoskins
January 1, 2007
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The state's second-highest appeals court is allowing a class-action lawsuit involving Guidant Corp. defibrillators to proceed in Marion County, though the ruling won't affect similar federal or state suits.

A three-judge Indiana Court of Appeals panel ruled Thursday in Cardiac Pacemakers, Inc. v. Ryan Terry and Linda Mason, No. 49A04-0704-CV-240, that Terry and Mason could continue a class-action product-liability lawsuit against Guidant over now-recalled defibrillators or pacemakers.

Minnesota-based Cardiac Pacemakers Inc., a subsidiary of Guidant, manufactured the devices and wanted to get involved in the suit so that it could be moved to a federal court in its home state, where many similar cases have been moved for pre-trial proceedings.

Guidant announced a collective settlement of the federal court cases earlier this year; those are on hold while individual plaintiffs determine whether to accept that settlement.

This Indiana case is not affected by the federal halt, but Cardiac Pacemakers argued that the plaintiffs, Linda Mason and Ryan Terry, were trying to sidestep the federal litigation by keeping their case in state court.

Attorneys representing Mason and Terry seek to recover damages on behalf of a class of "several thousand" Hoosiers who received the defective defibrillators.

Marion Superior Judge Robyn Moberly denied Cardiac Pacemakers from intervening and ordered the case to remain in Indiana so no undue burden would be placed on the individuals suing and delays wouldn't be added by transferring the case to a federal court.

"The desire to resolve disputes between citizens of Indiana in our local courts outweighs the benefit of federal jurisdiction in this lawsuit as this time," Judge Moberly wrote in her Jan. 2 order. "Hoosiers rightfully expect that when they have a dispute with another Hoosier, that they will not have to travel to Minnesota, or any other state, to have their day in court."

The decision is Not for Publication. Attorneys have 30 days from the decision to decide whether they want to ask for the ruling to be published.Indianapolis-based Guidant was acquired for $27 billion in May 2006 by Boston Scientific Corp., which is headquartered in Natick, Mass.
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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