HUMAN TISSUE LITIGATION

Current Status: Legal and Medical Issues

VITOLA V. MEDTRONIC SOFAMOR DANEK, INC. ET AL. (N.J. National Class) and LADD v. MEDTRONIC SOFAMOR DANEK, INC. ET AL.(N.J. Individual Case)

• NEW JERSEY ACTIONS ALL REMOVED TO FEDERAL COURT
  
• CASES BEFORE JUDGE MARTINI AND MAGISTRATE HEDGES
  
• DISCOVERY PERMITTED TO PROCEED ON LEAD PLAINTIFFS ONLY. STAY MOTION DENIED.
  

RTI Motions to Dismiss filed in all New Jersey cases. Court will defer response and argument until MDL ruling.
ISSUES RAISED IN MOTIONS TO DISMISS:
1. Body Parts are not "Products" within 402A
2. No actual injury, requires dismissal
3. No express warranty
4. "It's not ours"