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The decision is Not for Publication.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. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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