Monday, July 6, 2009
Certification Denied in St. Jude Heart Implant MDL
The U.S. District Court for the District of Minnesota recently issued a ruling denying a third attempt at class certification in a consumer fraud MDL alleging material omissions by a manufacturer of a heart valve whose product was found to cause leaking in some clinical trials and was subsequently recalled from the market. District Court Judge John R. Tunheim (pictured) had previously approved class certification twice and on both occasions the Eighth Circuit reversed. Not surprisingly, then, Judge Tunheim ruled on this third occasion that the latest decision from the Eighth Circuit required him to deny certification.