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Global Settlement Order Entered as Abilify Litigation Moves Forward

In May 2018, Judge M. Casey Rogers, who is overseeing the federal Abilify litigation, entered an Order to establish the “initial parameters by which the global mediation of this matter will proceed.” The parties were given 120 days (from May 1, 2018 until September 1, 2018) to finalize the framework for a mediation process. A Special Master has been appointed to assist the parties with the process.

Meanwhile, in tandem with the potential mediation process, the parties are also moving forward with the selection of a second round of bellwether cases to work up for trial in the federal litigation.

Accordingly, the Court will randomly select 100 cases by July 6, 2018. From there, the pool will be further narrowed to 40 individuals, claiming either Bipolar Disorder or Major Depressive Disorder/Depression as the diagnosis leading to their Abilify prescription and “Gambling” as an obsessive/compulsive/impulsive behavior they claim was caused by Abilify. Once the pool is reduced to 40 cases, the parties will engage in a discovery process to further reduce the pool to 10 cases by the end of 2018.

The Court is currently leaning towards the possibility of consolidating some of the cases for trial.

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About this Author

Stefanie Colella Walsh, Pharmaceutical Litigation Attorney, Stark Law Firm
Shareholder

Stefanie Colella-Walsh is a Shareholder and member of Stark & Stark’s Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups where she concentrates her practice in complex litigation with a focus in mass tort and pharmaceutical litigation. She also handles litigation related to nursing home negligence and abuse claims, elder abuse, and assisted living facility litigation.

Recently, Ms. Colella-Walsh was a member of the national trial team involved the first trial in the country of a TVT-Secur transvaginal...

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Martin P. Schrama, Stark Law, Intellectual Property and Litigation Law Attorney
Shareholder

Martin P. Schrama is a Shareholder in Stark & Stark's Commercial Litigation, Mass Tort, Intellectual Property and Green Litigation Groups. Mr. Schrama has extensive experience litigating on both the trial and appellate levels of the federal and state courts of New Jersey and New York, as well as numerous other jurisdictions throughout the nation in a pro hac vice capacity. This experience also extends to regular practice before AAA, JAMS and various other alternate dispute resolution fora.

The primary focus of Mr. Schrama’s practice is complex civil litigation matters, with a concentration in mass tort/class action prosecution and defense, and complex commercial litigation. Mr. Schrama is currently co-lead trial counsel representing numerous plaintiffs in the mass tort environmental contamination case of In Re Bristol-Myers Squibb Environmental Contamination Litigation, Case No. 281. Mr. Schrama is also currently involved in representing numerous plaintiffs in mass tort pharmaceutical cases pending in the New Jersey Superior Court case of In Re Yaz®, Yasmin®, and Ocella® Litigation, Case No. 287; In Re Nuvaring® Litigation, Case No. 284; and In Re Depuy ASR® Hip Implants Litigation, Case No. 293. Mr. Schrama frequently writes about timely legal and legislative developments impacting plaintiffs in mass tort and product liability actions for Stark & Stark's Mass Tort Law Blog.

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