First Essure Trial Continued Again

In the California Essure litigation, the court held a case managment conference on February 27, 2020 before the Honorable Winifred Smith.  The court determined that due to the numerous pre-trial motions pertaining to the first Essure case to be tried, George v. Bayer, that the case required a continuance to give adequate time for briefing and oral arguments.  The trial was previously scheduled to begin on March 9, 2020.  The court continued the trial to a later undetermined date and set all pre-trial motions to be heard on 4/21/2020.

The court noted that the continuance will permit the parties to meet and confer and possible work out some of the various disputes raised in numerous pretrial motions. The court is requiring the parties to be prepared to discuss setting a continued trial date for George v. Bayer and for all of the other bellwether cases.

The court also noted that for all cases filed after 4/1/2020, each plainitff or plaintiff couple must file a separate individual lawsuit and that multiple plaintiff cases will no longer be permitted. The court held that all parties are to be prepared at the 4/21/2020 Case Managment Conference to discuss setting trial dates for cases other than the bellwether cases as well. Any given case should be prepared to go to trial approximately six months after the case is idenitfied for trial. In Pennsylvania, the first Essure case is currently scheduled to commence in January 2021.

It is hoped that the litigation will now move forward will multiple cases being set for trial. The litigation has been continued long enough and the Essure clients are entitled to have their days in court. Questions regarding the Essure litigation can be directed to Holly Ennis at Ennis & Ennis, P.A., at Holly@ennislaw.com or visit us online at www.Ennislaw.com.