Notice and Order - Approval of MCL Designation of Bard Implanted Port Catheter Products Litigation

NOTICE TO THE BAR 
MULTICOUNTY LITIGATION – DESIGNATION OF BARD IMPLANTED PORT CATHETER PRODUCTS LITIGATION AS MCL 

             A previous Notice to the Bar requested comments on an application for multicounty litigation (MCL) designation of New Jersey state-court litigation alleging injuries caused by Bard Implanted Port Catheter Products. This Notice is to advise that the Supreme Court, after considering the application and the comments received, has determined to designate cases involving allegations against as C.R. Bard Inc., Bard Access Systems Inc., and Becton Dickinson and Company as multicounty litigation.  The Court has assigned this MCL to Bergen County for centralized case management by Superior Court Judge Gregg A. Padovano immediately   

             Published with this Notice is the Supreme Court’s October 15, 2024 Order.  This Order is posted in the Multicounty Litigation Center https://www.njcourts.gov/attorneys/multicounty-litigation on the Judiciary’s website (www.njcourts.gov).  Judge Padovano’s Initial Case Management Order will be posted in the Multicounty Litigation Center.   

            Questions concerning this matter may be directed to Melissa A. Czartoryski, Chief, Civil Practice Division, Administrative Office of the Courts, Hughes Justice Complex, P. O. Box 981, Trenton, New Jersey 08625-0981; telephone: (609) 815-2900 ext. 54901; e-mail address:  Melissa.Czartoryski@njcourts.gov.   

SUPREME COURT OF NEW JERSEY 
 

            On application made pursuant to Rule 4:38A and the Multicounty Litigation Guidelines and Criteria for Designation (Revised) promulgated by Directive #02-19 in accordance with that Rule, it is hereby ORDERED that all pending and future New Jersey state court actions against C.R. Bard Inc., Bard Access Systems Inc., and Becton Dickinson and Company alleging injuries as a result of the use of Bard Implanted Port Catheter Products be designated as multicounty litigation (“MCL”) for centralized management purposes; and  

            It is FURTHER ORDERED effective immediately that any and all such complaints that have been filed in the various counties and that are under or are awaiting case management and/or discovery shall be transferred from the county of venue to the Superior Court, Law Division, Bergen County and that, pursuant to N.J. Const., Art.VI, sec.2, par.3, the provisions of Rule 4:3-2 governing venue in the Superior Court are supplemented and relaxed so that all future such complaints, no matter where they might be venued, shall be filed in Bergen County; and  
It is FURTHER ORDERED that Superior Court Judge Gregg A. Padovano shall oversee management and trial issues for such cases and may, in their discretion, return such cases to the original county of venue for disposition; and  

            It is FURTHER ORDERED that no Mediator or Master may be appointed in this litigation without the express prior approval of the Chief Justice.