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367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | Illinois Northern
Order
ORDER: Status hearing held on 6/18/26. The Court addressed issues raised in the Joint Status Report 1930 . The Court rules as follows: (1) Consistent with the Court's prior orders, all discovery deadlines and disputes relating to Defendant RNA Corporation are referred to Magistrate Judge Jantz. See 1740 ; 1808 . (2) The Court heard argument regarding discovery propounded by Defendants on Bellwether Trial Plaintiffs and rules as follows: (a) Only Bellwether Trial Plaintiffs Carrie Chattman (1:23-cv-10579), Charlene Fennell (1:23-cv-06154), Sara Robinson (1:23-cv-10698), and Karla Smith (1:23-cv-10645) are seeking damages for out of pocket medical expenses. All other Bellwether Trial Plaintiffs are precluded from later seeking damages for out of pocket medical expenses. Plaintiffs Chattman, Fennell, Robinson, and Smith shall identify the expenses claimed. Plaintiffs must either identify the exact amount claimed or, if claiming less than $10,000, a general total is sufficient if Plaintiff previously testified regarding what the demanded out of pocket expenses comprised. Plaintiffs claiming more than $10,000 for out of pocket medical expenses must provide more specific information regarding totals and expenses. (b) Only Bellwether Trial Plaintiffs Charlene Fennell (1:23-cv-06154), Areecia Jackson (1:23-cv-10379), and Sara Robinson (1:23-cv-10698) are seeking damages for lost earnings. All other Bellwether Trial Plaintiffs are precluded from later seeking damages for lost wages. The identified Plaintiffs must identify how much they were earning and how long they were off work due to Defendants' alleged conduct. (c) As for collateral source records, Plaintiffs must identify any injury claimed beyond the cancer treatment/MDL injury (i.e., ovarian or uterine cancer) and corresponding documents. (d) The aforementioned damages discovery is due by 7/15/26. (e) The Court expects evidence regarding future medical costs, future lost earnings, and punitive damages will come in through experts. Plaintiffs may testify regarding pain and suffering. (f) The depositions of Dr. Susan Besser, Dr. Ravi S. John, Dr. Danita Cole, Dr. Dimitry Lerner, Dr. Isbel Lazo, and Dr. Lauren Chan are permitted but must be completed by 7/8/26. No other depositions are permitted as this phase of discovery is closed. (3) The Court will enter orders on individual MDL plaintiff dockets requiring plaintiffs with duplicate filed cases dismiss one of their pending cases by 7/2/26 or the Court will dismiss with prejudice one of the pending duplicate cases; short form complaint service delinquencies to cure the deficiency by 6/25/26 or be dismissed with prejudice; and noncompliance with CMO 10 to come into compliance by 7/9/26. Signed by the Honorable Mary M. Rowland on 6/22/2026. Mailed notice. (jg, ) (Entered: 06/22/2026)
ORDER: The Court held a status hearing on June 18, 2026, to discuss the status of discovery and address the issues raised in the parties' June 11, 2026 Joint Status Report (JSR) (Dkt. 1929 ). The corresponding order memorializes the salient aspects of that hearing and the Court's rulings, so the parties should review it closely. The July 23, 2026 status hearing before Judge Jantz is canceled. The parties may, but need not, file a JSR by July 16, 2026, updating the Court on matters they believe require attention and indicating whether or not they are requesting a rescheduled status hearing on discovery in advance of the next monthly status hearing date of August 20, 2026. The Court will be generally unavailable from July 17 through July 29, 2026. Plaintiffs and Defendant AFAM Concept, Inc., shall meet and confer by June 22, 2026, to discuss the matters noted in the order; file a short JSR by June 23, 2026, updating the Court on the status of their discussions; and call in for a telephonic status hearing on June 25, 2026, at 10:30 AM (Central), to discuss with the Court the issues noted in the order. Plaintiffs and Defendant RNA Corporation shall call in for a telephonic status hearing on July 2, 2026, at 10:30 AM (Central), as to the issues noted in the order, after meeting and conferring by no later than 7/1/26. Plaintiffs may inform the Court (via email to the courtroom deputy) if they need more time to develop their proposals as to RNA (in which case the Court could move the 7/2/26 hearing to 7/6/26, or the afternoon of 7/10/26). To join the hearing by phone, dial 1-650-479-3207 and enter access code 2308 182 1801. Entering an attendee code is not required. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by the Honorable Beth W. Jantz on 6/21/2026. Mailed notice. (as, ) (Entered: 06/21/2026)
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