Common Benefit Fund Hearing: September 7, 2016, 9:30 a.m. in courtroom 2404. Submissions to the Common Benefit Fee Committee due August 22, 2016.
Next Case Management Conference: September 7, 2016, at 9:30 a.m. in courtroom 2404.
SETTLEMENT AGREEMENT REACHED
A committee of negotiating plaintiffs’ counsel and Takeda have negotiated an agreement establishing a settlement program (the “Actos Resolution Program” or “Program”) for the resolution of claims alleging an injury of bladder cancer resulting from Actos usage. The Program is open to claimants who (a) allege that they have bladder cancer; (b) first used Actos prior to December 1, 2011; and (c) either have a lawsuit currently pending or retained counsel to assert a claim within 3 days of the announcement of the settlement
(
i.e., by noon EDT on Friday, May 1, 2015).
To participate in the settlement, you must take action by July 13, 2015.
The deadline has been extended to August 12, 2015. See Amended Order.
The deadline has been extended to September 11, 2015.
Further information about the Actos Resolution Program is available on the website established by the Claims Administrator at
www.actosofficialsettlement.com, including links to the Master Settlement Agreement and other settlement documents, and instructions for how to register claims, enroll in the Program and submit Claim Packages.
Please direct all inquiries regarding wrongful death, minor’s, or disabled person’s settlement petitions for non-Illinois residents to liaison counsel Patrick Morrow of Morrow, Morrow, Ryan, Bassett & Haik in Opelousas, LA. He can be reached by phone at 337-948-4483 or by email at pmorrow@mmrblaw.com
Please Refer to the Following Orders:
7.
MDL Case Management Order Regarding the Resolution of Cases Involving the Death or Incapacity of a Product User
8.
Order Regarding Common Benefit Fund Hearing
On December 9, 2011, Judge William D. Maddux, Presiding Judge of the Law Division for the Circuit Court of Cook County, assigned all of the In Re Actos cases filed in Cook County to Judge Deborah Mary Dooling for all purposes, including trial, pursuant to General Administrative Order 91-4. These cases were consolidated under the general case caption In Re Actos, Case No. 2011 L 010011.
On February 24, 2012, the Illinois Supreme Court ordered that cases currently filed throughout the state of Illinois be transferred and consolidated with in In re Actos Related Cases, Cook County No. 11 L 010011, et al, pursuant to Illinois Supreme Court Rule 384.
The following are Case Management Orders entered in In Re Actos, Case No. 2011 L 010011.
The Court holds monthly case management conferences for In Re Actos, Case No. 2011 L 010011. The following are status reports generated after each case management conference. The status reports contain a summary of the case management conference, a current case list, an attorney contact list, and all orders entered during the previous month.
- Status Report 1: January 17, 2012
- Status Report 2: February 23, 2012
- Status Report 3: March 27, 2012
- Status Report 4: May 2, 2012
- Status Report 5: June 5, 2012 (Part 1 of 3; Part 2 of 3; Part 3 of 3)
- Status Report 6: July 17, 2012 (Part 1 of 2; Part 2 of 2)
- Status Report 7: September 25, 2012
- Status Report 8: December 4, 2012
- Status Report 9: February 4, 2013
- Status Report 10: March 15, 2013
- Status Report 11: April 23, 2013
- Status Report 12: May 30, 2013
- Status Report 13: June 27, 2013
- Status Report 14: August 1, 2013
- Status Report 15: September 12, 2013
- Status Report 16: October 30, 2013
- Status Report 17: November 25, 2013
- Status Report 18: December 30, 2013
- Status Report 19: January 15, 2014
- Status Report 20: February 11, 2014
- Status Report 21: March 11, 2014
- Status Report 22: April 4, 2014 (Part 1 of 3: Status Report, Master Attorney List, and Master Case List; Part 2 of 3: Whitlatch v. Takeda Case Specific Orders; and Part 3 of 3: Miscellaneous Orders)
- Status Report 23: June 2, 2014 (Part 1 of 3: Status Report, Master Attorney List, and Master Case List; Part 2 of 3: Whitlatch v. Takeda Case Specific Orders; and Part 3 of 3: Miscellaneous Orders)
- Status Report 24: June 25, 2014 (Part 1 of 2: Status Report, Master Attorney List, and Master Case List; Part 2 of 2: Miscellaneous Orders)
- Status Report 25: July 31, 2014 (Part 1 of 2: Status Report, Master Attorney List, and Master Case List; Part 2 of 2: Miscellaneous Orders)
- Status Report 26: August 27, 2014 (Part 1 of 2: Status Report and Newly Filed Cases; Part 2 of 2: Miscellaneous Orders)
- Status Report 27: September 26, 2014 Status Report and Orders
- Status Report 28: December 2, 2014
- Status Report 29: January 5, 2015
- Status Report 30: February 3, 2015
- Status Report 31: July 30, 2015
- Status Report 32: August 26, 2015
- Status Report 33: November 4, 2015
- Status Report 34: January 12, 2016
- Status Report 35: February 2, 2016
- Status Report 36: April 19, 2016
The Court has appointed the following attorneys as lead counsel:
Co-Lead Counsel for Plaintiffs
Peter J. Flowers
Foote, Meyers, Mielke & Flowers, LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
630-232-6333
PJF@Foote-Meyers.com
Tor Hoerman
TorHoerman Law LLC
101 W. Vandalia Street, Suite 350
Edwardsville, IL 62025
618-656-4400
Thoerman@torhoermanlaw.com
Allen Schwartz
Kralovec, Jambois & Schwartz
60 W. Randolph, 4th Floor
Chicago, IL 60601
312-782-2525
aschwartz@kjs-law.com
Kenneth T. Fibich
Fibich Hamptom Leebron Briggs Josephson LLP
1150 Bissonet
Houston, TX 77005
713-751-0025
tfibich@fhl-law.com
Lead Counsel for Defendants
Sherry Knutson
Sidley Austin
One S Dearborn, Suite 900
Chicago, IL 60603
312-853-7000
Sknutson@sidley.com
Should you have any questions about In Re Actos, Case No. 2011 L 010011 policies or procedures, please contact the chambers of:
Honorable Thomas V. Lyons, II
Law Division
Circuit Court of Cook County, Illinois
50 West Washington Street, Suite 2501
Richard J. Daley Center
Chicago, Illinois 60602
(312) 603-7991
InReActos@cookcountyil.gov
Next Case Management Conference: June 7, 2017, at 9:30 a.m. in courtroom 2404.
3/2017 Update Re: ASR Hip Settlement Program:
The Settlement Oversite Committee ("SOC ") and DePuy Orthopaedics, Inc. have approved an extension to the 2015 Settlement to cover claimants who had revision surgeries between 1/31/15 and 2/15/17 using the same criteria the 2015 Settlement Agreement establishes. Additionally, claimants who were eligible to participate in the 2013 Settlement or 2015 Settlement but did not enroll in either program are eligible to participate in this extended program. There will be a separate (but identically administered) Extraordinary Injury Fund (“EIF”) program for the claimants who are eligible to participate under this extension. To find out more information about the settlement, go to https://www.usasrhipsettlement.com/
5/21/14 Update Re: U.S. ASR Hip Settlement Program
DePuy Orthopaedics, Inc., has notified the court, the U.S. ASR Hip Settlement Program Administrator and the Settlement Oversight Committee that it is waiving its walk away rights in relation to Section 17.1.1.1 and Section 17.1.1.2 of the Settlement Agreement. While Settlement Program enrollment forms are still being processed, most eligible patients have opted into the program. The company is therefore moving forward before the June 1 decision deadline provided for in the Agreement. The exact timing and amount of compensation will depend on a number of factors and circumstances specific to each claim. However, eligible patients with allowed claims can expect payment now that there is certainty the program is moving forward. The Court wants to thank all the parties for their continued cooperation since the Agreement was announced on November 19, 2013, that has allowed for this significant milestone to be reached.
U.S. ASR HIP SETTLEMENT AGREEMENT REACHED
DePuy Orthopaedics, Inc. (DePuy) and the committee of lawyers representing ASR™ Hip System plaintiffs appointed by the judge overseeing the federal multidistrict litigation in the United States District Court, Northern District of Ohio, Western Division ("MDL") have reached a settlement agreement to compensate eligible ASR patients in the United States who had surgery to replace their ASR hip as of August 31, 2013. The agreement is a private resolution between the parties.
Additional information regarding the details of the U.S. ASR Hip Settlement Program ("U.S. Program") is available by visiting the Claim Processor's website,
www.USASRhipsettlement.com. This is the only "official" website designated to provide details and materials related to the U.S. Settlement Program so that plaintiffs and claimants can make informed decisions on participation. Information or materials from websites other than
www.USASRhipsettlement.com cannot be verified and may be inaccurate and misleading.
The U.S. Program is available for all eligible ASR patients, including those with cases In Re DePuy ASR Hip Litigation in the Circuit Court of Cook County Law Division currently assigned to Judge Deborah Mary Dooling under case 10 L 10506.
Please refer to Case Management Orders
Five and
Six for further details.
On July 20, 2011, Judge William D. Maddux, Presiding Judge of the Law Division for the Circuit Court of Cook County, assigned all of the
In Re DePuy ASR Hip Litigation cases filed in Cook County to Judge Deborah Mary Dooling for all purposes, including trial, pursuant to General Administrative Order 91-4. These cases were consolidated under the general case caption
In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506.
On September 15, 2011, the Illinois Supreme Court ordered that any present or future action filed in any Illinois Circuit Court regarding DePuy ASR Hip Systems shall be transferred to the Circuit Court of Cook County, pursuant to Illinois Supreme Court Rule 384.
The following are Case Management Orders entered in In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506.
The Court holds monthly case management conferences for In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506. The following are status reports generated after each case management conference. The status reports contain a summary of the case management conference, a current case list, an attorney contact list, and all orders entered during the previous month.
- Status Report 1: July 29, 2011
- Status Report 2: August 25, 2011
- Status Report 3: September 29, 2011
- Status Report 4: November 10, 2011
- Status Report 5: December 19, 2011
- Status Report 6: January 17, 2012
- Status Report 7: February 28, 2012
- Status Report 8: March 27, 2012
- Status Report 9: May 2, 2012
- Status Report 10: June 26, 2012
- Status Report 11: September 10, 2012
- Status Report 12: December 10, 2012
- Status Report 13: January 28, 2013
- Status Report 14: June 26, 2013
- Status Report 15: August 1, 2013
- Status Report 16: September 12, 2013
- Status Report 17: October 30, 2013
- Status Report 18: February 10, 2014
- Status Report 19: August 28, 2014
- Status Report 20: November 6, 2014
- Status Report 21: January 5, 2015
- Status Report 22: February 3, 2015
- Status Report 23: May 28, 2015
- Status Report 24: September 9, 2015
- Status Report 25: November 4, 2015
- Status Report 26: January 12, 2016
- Status Report 27: February 2, 2016
- Status Report 28: April 19, 2016
- Status Report 29: July 21, 2017
The Court has appointed the following attorneys as lead counsel:
Lead Counsel for Plaintiffs
Peter J. Flowers
Foote, Meyers, Mielke & Flowers, LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
630-232-6333
PJF@Foote-Meyers.com
Lead Counsel for Defendants
David B. Sudzus
Drinker Biddle & Reath LLP
191 N. Wacker Dr., Suite 3700
Chicago, IL 60606
312-569-1000
david.sudzus@dbr.com
Should you have any questions about In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506 policies or procedures, please contact the chambers of:
Honorable Thomas V. Lyons, II
Law Division
Circuit Court of Cook County, Illinois
50 West Washington Street, Suite 2501
Richard J. Daley Center
Chicago, Illinois 60602
(312) 603-7991
InReDePuy@cookcountyil.gov