In Hamer v. Livanova Deutschland GMBH, KFA, Plaintiff filed a claim in the Eastern District of Louisiana (EDLa) alleging injuries due to Defendant’s failure to warn, inadequate product design, and other violations. The Judicial Panel on Multidistrict Litigation (JPML) transferred the case and other cases alleging injuries caused by Defendant’s product to Multidistrict Litigation number 2816. On April 16, 2019, the District Court entered a case management order (CMO) requiring Plaintiff to show proof of infection. He did not timely comply with the CMO and filed a motion to remand his case to EDLa. The District Court dismissed Plaintiff’s claims with prejudice because he lacked proof of infection and denied his motion to remand as moot. The Third Circuit reversed and remanded to EDLa, holding that the District Court erred when it dismissed the claims with prejudice. The District Court deprived Plaintiff of the opportunity to litigate his claims in any venue without considering how they might fare outside the MDL context.
