J. Benjamin Broadhead

About J. Benjamin Broadhead

Ben Broadhead is a product liability associate residing in Faegre Drinker’s Indianapolis office. Ben focuses his practice on medical device litigation and mass torts.

Plaintiff’s Firm Pays the Price for Dismissing Bellwether Cases

On August 25, 2020, Judge Richard L. Young, S.D. Indiana, granted Cook Medical Inc.’s motion for sanctions against the plaintiff’s law firm in Burrage v. Cook Medical Inc. et al.

This case was one of many “no-injury” claims in the Cook IVC Filter MDL, meaning that the plaintiff did not claim any symptomatic injuries related to his IVC filter. It was selected as a bellwether case in August 2019 following a selection process that required substantial time and effort from the parties and the court. In June 2020, plaintiff’s counsel moved to voluntarily dismiss his claims with prejudice on the grounds that they have a “negative value” (meaning that the costs of litigating the case exceed the anticipated recovery), and Burrage never anticipated that the case would go to trial.

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