The Covidien MDL, which has often remained in the background compared to the Bard hernia mesh litigation, is now making significant strides. Based on the severity of the reported injuries and the alleged design flaws in Covidien products, it is anticipated that settlements in these cases could surpass those in the Bard litigation.
Recently, Judge M. Page Kelly issued Case Management Order 15, introducing an updated timeline for crucial pre-trial proceedings in 2025. This schedule outlines key deadlines for general corporate discovery, expert discovery, bellwether trial case selection, and pre-trial motions. These proceedings are set to lead into the initial bellwether trials, projected to commence in late 2025 or early 2026. The results of these trials will play a pivotal role in shaping settlement discussions and determining Covidien’s legal responsibility.