Centralized Management Denied for Bayer’s Mirena Claims
In a decision reached earlier this month and posted last week, the New Jersey Supreme Court has denied an application submitted by Bayer HealthCare Pharmaceuticals, Inc. for centralized management of all pending state court actions involving its Mirena contraceptive device. No reasons for the denial are provided in the notice, so practitioners in this area are left without any guidance as to why the Supreme Court rejected the application. This is similar to the Supreme Court’s previous denial of centralization of the litigation involving NexGen Flex knee replacement products, as we discussed previously.
While the nomenclature for centralized management of cases in New Jersey recently changed, the guidelines have not. However, in the absence of any explanation from the Supreme Court outlining the basis for its terse decision, it is difficult to draw any useful conclusions that might assist other defendants facing similar claims in assessing whether to seek centralized management in the future.