MDL 1148 In Re: Latex Gloves Products Liability Litigation

About
Case Management Orders
Master Notices of Deposition
Contacts
Links

About

This multidistrict litigation consists of over 250 pending cases. The plaintiffs largely are healthcare workers alleging that they have a Type I latex hypersensitivity allergy as a result of exposure to defendants' natural rubber latex gloves used in their profession. More specifically, the plaintiffs allege that they have been sensitized to and developed Type I latex hypersensitivity from exposure to certain proteins in latex gloves which act as allergens. This type of latex allergy is to be distinguished from contact dermatitis and Type IV latex hypersensitivity, which results from exposure to chemicals.

This multidistrict proceeding has been established in order to have one federal court coordinate discovery and other pretrial matters in the pending cases. Subsequent natural rubber latex allergy cases filed in a federal court will ordinarily be transferred as "Tag Along" cases to the United States District Court for the Eastern District of Pennsylvania in Philadelphia and become part of MDL 1148. Once discovery and the other pretrial matters are completed, in MDL 1148 the transferred cases will be transferred back to the federal district court where they originated for further proceedings, including trials.

Case Management Orders

Order Order Title or Topic Issued  
Practice and Procedure Order Practice and Procedure Order Upon Transfer Pursuant to U.S.C. § 1407 (a) -
Case Management Order No. 1 Case Management Order No. 1 04/04/1997
Case Management Order No. 1-A Appointment of Special Master 04/29/1997
Case Management Order No. 2 Case Management Order No. 2 04/30/1997
Case Management Order No. 3 Designation of Plaintiffs' Lead and Liaison Counsel and Steering Committee 05/06/1997
Case Management Order No. 3A Designation of Plaintiffs' Steering Committee -
Case Management Order No. 4 Designation of Defendants' Liaison Counsel 05/12/1997
Case Management Order No. 5 Comprehensive Case Management Plan 05/29/1997
Case Management Order No. 6 Deposition Guidelines 05/29/1997
Case Management Order No. 7 Protective Order Governing Confidentiality 05/29/1997
Case Management Order No. 8 Coordination with Proceedings in Other Courts 05/29/1997
Case Management Order No. 9 Designation of Plaintiffs' Executive Committee 06/26/1997
Case Management Order No. 9A Designation of Plaintiffs' Executive Committee -
Case Management Order No. 10 Case Management Order No. 10 07/17/1997
Case Management Order No. 11 Case Management Order No. 11 08/27/1997
Case Management Order No. 12 Defendants' Revised Product Identification Questionnaire to Plaintiff 10/1997
Case Management Order No. 13 Referral to Special Master of Disputes as to Need for Product Identification Depositions of Plaintiffs 10/1997
Case Management Order No. 14 Matters Relating to Tag Along Actions 11/04/1997
Exhibit A to Case Management Order No. 14   -
Case Management Order No. 15 Schedule for Product Identification Discovery in Certain Tag Along Actions 10/1997
Case Management Order No. 16 Case Management Order No. 16 10/1997
Case Management Order No. 17 Adoption of Bright-Line Test and Procedures -
Case Management Order Nos. 17B and 28B Order for Bright-Line Dismissal 07/17/1998
Case Management Order Nos. 17C and 28C Procedure for Discovery after Bright-Line Dismissals 09/24/1998
Case Management Order No. 18 Timeline for Merits Discovery 11/13/1997
  List for Case Management Order No. 18 -
Case Management Order No. 19 Case Management Order No. 19 11/1997
Case Management Order No. 20 Re: Procedure for Resolution of Written Discovery Disputes - Motions for Orders to Compel 11/25/1997
  Joint Submission of Proposed Case Management Order No. 21 -
Case Management Order No. 21 Plan for Resolution of Various Categories of Motions 11/1997
Case Management Order No. 22 Case Management Order No. 22 12/18/1997
Case Management Order No. 23 Concerning Supplemental Questionnaire 01/13/1998
Defendants' Supplemental Product Identification Questionnaire to Plaintiff   -
Case Management Order No. 24 Re Procedures for Resolution of Disputes Arising During Depositions 01/27/1998
Order   02/17/1998
Case Management Order No. 25 Case Management Order No. 25 01/29/1998
Case Management Order No. 26 Re: Motion to Quash a Subpoena or Seek a Protective Order 03/03/1998
Case Management Order No. 27 Re: Confidentiality Guidelines for Document Depository -
Case Management Order No. 28 Modification of Bright-Line Test Procedures 03/1998
Case Management Order No. 29 Case Management Order No. 29 03/11/1998
Order   03/24/1998
Case Management Order No. 30 Re: Motions to Dismiss and Affirmative Defenses of Baxter International Inc. and Allegiance Corporation 03/16/1998
Case Management Order No. 31 Case Management Order No. 31 04/16/1998
Case Management Order No. 32 Re: Timetable for Defendants' Merits Interrogatories to all Plaintiffs - First Set and Merits Requests for Production of Documents to all Plaintiffs - First Set 04/27/1998
  List for Case Management Order No. 32 -
Case Management Order No. 33 Case Management Order No. 33 05/20/1998
Case Management Order No. 34 Re: Guidelines for Defendants' Production of Documents 06/01/1998
Exhibit A to Case Management Order No. 34   -
Case Management Order No. 35 Re: Lists of Trial and Depositions in Certain State Latex Gloves Actions 06/25/1998
Case Management Order No. 36 Case Management Order No. 36 06/26/1998
Case Management Order No. 37 Re: Discovery Scheduling for Motions to Dismiss and Affirmative Defenses of Baxter International Inc. and Allegiance Corporation 07/01/1998
Case Management Order No. 38 Adoption of Test and Procedures for Dismissal Based on Statute of Limitations -
Case Management Order No. 39 Case Management Order No. 39 08/07/1998
Case Management Order No. 40 Case Management Order No. 40 09/11/1998
Case Management Order No. 41 Re: Corporate Identification Information 12/09/1998
Case Management Order No. 42 Re: Dismissal of Named Defendants that Are Not Proper Parties to the Litigation 12/09/1998
Case Management Order No. 43 Re: Plaintiffs' Objections to Defendants' Merits Discovery 12/29/1998
Case Management Order No. 44 Re: Voluntary Waiver of Service on Non-U.S. Defendants 01/14/1999
Case Management Order No. 45 Regarding Discovery Relating to Other Latex-Containing Products 03/23/1999
Case Management Order No. 46 Re: Coordination of Federal and State Latex Glove Actions and Schedule for Completion of Discovery on Common Issues 03/30/1999
Case Management Order No. 46R (Revised)   04/05/1999
Case Management Order No. 47 Re: Timeline for Merits Discovery Responses by Certain Plaintiffs and Defendants 05/20/1999
Case Management Order No. 48 Procedures Re: Escrow Account 07/08/1999
Case Management Order No. 49 Regarding Use of Prior Testimony 07/20/1999
Case Management Order No. 50 Re: Timeline for Merits Discovery Responses by Certain Plaintiffs 08/18/1999
Case Management Order No. 51 Joint Report Form 08/19/1999
Case Management Order No. 52 Re: Expert Report Deadlines 09/01/1999
Case Management Order No. 54 Re: Production by Defendants of Documents Appearing on their Privilege Logs 11/09/1999
Case Management Order No. 56 Rule 16 Conference - March 21, 2000 03/23/2000
Case Management Order No. 57 Rule 16 Conference - April 19, 2000 04/19/2000
Case Management Order No. 60 Rule 16 Conference - July 12, 2000 07/13/2000
Case Management Order No. 62 Rule 16 Conference - August 23, 2000 08/23/2000
Case Management Order No. 66 Re: Authentication of Certain Documents 07/23/2001
Case Management Order No. 67 Re: Procedures for Noticing and Conducting Trial Depositions 07/23/2001

Master Notices of Deposition

Notice Issued  
Master Notice of Deposition Amended (15) 05/07/1999
Assignment of Depositions Amended (15) 05/07/1999
Memorandum concerning Master Notice of Deposition Amended (15a) 08/11/2003
Master Notice of Deposition Amended (15a) 05/10/1999
Assignment of Depositions Amended (15a) 05/10/1999
Master Notice of Deposition Amended (16) 05/14/1999
Assignment of Depositions Amended (16) 05/14/1999
Master Notice of Deposition Amended (17) 05/21/1999
Assignment of Depositions Amended (17) 05/21/1999
Master Notice of Deposition Amended (18) 05/28/1999
Assignment of Depositions Amended (18) 05/28/1999
Master Notice of Deposition Amended (20) 06/11/1999
Assignment of Depositions Amended (20) 06/11/1999
Master Notice of Deposition Amended (22) 06/25/1999
Assignment of Depositions Amended (22) 06/25/1999

Contacts

Plaintiffs' Lead Counsel: David S. Shrager, Esq.

David S. Shrager, of the law firm Shrager, McDaid, Loftus, Flum & Spivey in Philadelphia, serves as the plaintiffs' Lead Counsel. In this position, Mr. Shrager presents plaintiffs' position to the Court and opposing counsel on all pretrial matters, coordinates all discovery on behalf of the plaintiffs, prepares and distributes periodic status reports to plaintiffs, and delegates necessary tasks to the plaintiffs. Mr. Shrager can be contacted at:
 
Shrager, McDaid, Loftus, Flum & Spivey
Two Commerce Square
2001 Market Street
32nd Floor
Philadelphia, PA 19103
Telephone: (215) 568-7771
E-mail: shragerone@aol.com
Plaintiffs' Liaison Counsel: Dianne M. Nast, Esq.

Dianne M. Nast of the law firm of Roda & Nast, P.C. serves as Plaintiffs' Liaison Counsel. In this position, Ms. Nast shall maintain and distribute to co-counsel and to other Liaison Counsel an up-to-date service list; receive and distribute to co-counsel orders from the Court and documents from opposing parties and counsel as appropriate; establish and maintain a document depository; and maintain and make available to co-counsel at reasonable hours a complete file of all documents served by or upon each party, except such documents as may be available at the document depository. Ms. Nast can be contacted at:
 
Roda & Nast, P.C.
801 Estelle Drive
Lancaster, PA 17601
Telephone: (717) 892-3000
Plaintiffs' Liaison Counsel-Steering Committee

Plaintiffs have formed a Steering Committee, approved by the Court in Case Management Order No. 6, which currently includes the following members: (To be provided.)
Defendants' Liaison Counsel-Spokesperson: Alan L. Unikel, Esq.

Alan L. Unikel, of the Chicago office of Seyfarth, Shaw, Fairweather & Geraldson, serves as Defendants' Liaison Counsel-Spokesperson. In this position, Mr. Unikel coordinates the presentation to the Court and opposing counsel of defendants' positions on all matters arising during pretrial proceedings, prepares and distributes periodic status reports to the defendants, delegates necessary tasks to other defendants to ensure efficient trial proceedings, and conducts meetings of the defendants to coordinate discovery and other pretrial matters. Mr. Unikel can be contacted at:
 
Seyfarth, Shaw, Fairweather & Geraldson
55 East Monroe Street
Suite 4200
Chicago, IL 60603-5803
Telephone: (312) 346-8000
E-mail: unikeal@seyfarth.com
Defendants' Liaison Counsel-Service: Larry L. Turner, Esq. and and James A. Willhite, Jr., Esq.

Larry L. Turner and James A. Willhite, Jr. of Montgomery, McCracken, Walker & Rhoads serve as Defendants' Liaison Counsel. In this position, Messrs. Turner and Willhite are responsible for maintaining and distributing to defendants' counsel and to Plaintiffs' Liaison Counsel an up-to-date service list; receiving and distributing to defendants' counsel court orders and documents from opposing parties and counsel; and maintaining and making available to defendants' counsel a complete file of all documents served by or upon each party, other than documents that are available at the document depository. Messrs. Turner and Willhite can be contacted at:
 
Montgomery, McCracken, Walker & Rhoads
123 South Broad Street
Philadelphia, PA 19109
Telephone: (215) 772-1500
E-mail: lturner@mmwr.com, jwillhite@mmwr.com.

Links

California Latex Glove Coordinated Proceeding