This case was last updated from PACER on 03/17/2021 at 21:56:18 (UTC).

Hinnewinkel v. Boston Scientific Corporation et al

Case Summary

On 08/19/2020 Hinnewinkel filed a Personal Injury - Other Product Liability lawsuit against Boston Scientific Corporation. This case was filed in U.S. District Courts, Oregon District. The Judge overseeing this case is Mark D. Clarke. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-01415

  • Filing Date:

    08/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Mark D. Clarke

 

Party Details

Plaintiff

Katrina Hinnewinkel

Defendants

Boston Scientific Corporation

C. R. Bard, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Derek H. Potts

Attorney at THE POTTS LAW FIRM

Suite 1900, 3737 Buffalo Speedway

Houston, TX 77098

Calsie Boyd

Attorney at POTTS LAW FIRM

Suite 1900, 3737 Buffalo Speedway, 73-963-8881

Houston, TX 77098

Sheila M. Bossier

Attorney at Bossier & Associates, PLLC

1520 North State Street

Jackson, MS 39202

Defendant Attorneys

Jon A. Strongman

Attorney at SHOOK HARDY & BACON

2555 Grand Boulevard

Kansas City, MO 64108

Michael Bonasso

Attorney at FLAHERTY SENSABAUGH & BONASSO

P. O. Box 3843

Charleston, WV 25338-3843

James H. Keale

Attorney at TANENBAUM KEALE

Three Gateway Center, Suite 1301, 100 Mulberry Street

Newark, NJ 07102

Michael A. Tanenbaum

Attorney at TANENBAUM KEALE

Three Gateway Center, Suite 1301, 100 Mulberry Street

Newark, NJ 07102

Mark Joseph Winebrenner

Attorney at Faegre Drinker Biddle & Reath LLP

90 South 7Th Street, Suite 2200

Minneapolis, MN 55402

Kate Middleton

Attorney at Faegre Drinker Biddle & Reath LLP

2200 Wells Fargo Center, 90 S. Seventh Street

Minneapolis, MN 55402

Daniel I.A. Smulian

Attorney at Greenberg Traurig LLP

The Metlife Building, 200 Park Avenue

New York, NY 10166

Michael K. Brown

Attorney at Reed Smith LLP

355 South Grand Avenue, Suite 2900

Los Angeles, CA 90071

Lori G. Cohen

Attorney at Greenberg Traurig, LLP

3333 Piedmont Rd., Ne, Terminus 200-Suite 2500

Atlanta, GA 30305

Mildred Segura

Attorney at Reed Smith LLP

355 South Grand Avenue #2900

Los Angeles, CA 90071

Robert Jennings Mollohan, Jr.

Attorney at GREENBERG TRAURIG

Suite 2500, 3333 Piedmont Road, Ne

Atlanta, GA 30305

Courtland Carter Chillingworth

Attorney at REED SMITH

Suite 1800, 101 Second Street

San Francisco, CA 94105

Richard B. North, Jr.

Attorney at Nelson Mullins Riley & Scarborough

Suite 1700, 201 17Th Street, Nw

Atlanta, GA 30363

Daniel C. Kirby

Attorney at REED SMITH

40Th Floor, 10 South Wacker Drive

Chicago, IL 60606

Eric Swanis

Attorney at Greenberg Traurig, P.A

3773 Howard Hughes Parkway, Suite 400 N

Las Vegas, NV 89169

Marilyn A. Moberg

Attorney at Reed Smith LLP

355 South Grand Ave, Suite 2900

Los Angeles, CA 90071-1514

Pilar C. French

Attorney at Lane Powell, PC

601 Sw Second Avenue, Suite 2100

Portland, OR 97204-3158

9 More Attorneys Available

 

Court Documents

#171

(#171) Stipulated Judgment of Dismissal of C.R. Bard, Inc. Without Prejudice" #167 . Signed on 02/05/2021 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/05/2021)

#170

(#170) Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Larissa A. Davis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7867228. Filed by All Plaintiffs. (O'Leary, Leslie) (Entered: 02/05/2021)

#167

(#167) Stipulated Motion to Dismiss filed as "Stipulated Judgment of Dismissal of C.R. Bard, Inc. Without Prejudice". Filed by C. R. Bard, Inc.. (French, Pilar) (Entered: 02/05/2021)

101 #15

Exhibit O

101 #14

Exhibit N

101 #13

Exhibit M

101 #12

Exhibit L

101 #11

Exhibit K

101 #10

Exhibit J

7 #1

Amended Complaint

#7

(#7) MOTION by Katrina Hinnewinkel to File Plaintiffs' First Amended Complaint and MEMORANDUM OF LAW IN SUPPORT (Attachment: #1 Amended Complaint)(Bossier, Sheila) (Modified on 3/7/2018 to remove link to #1 short form complaint) (kp). [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 03/07/2018)

#6

(#6) PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 4 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 4 Cases Listed on Exhibit A) (ts) (ADI) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 02/02/2018)

#5

RESTRICTED

#4

(#4) WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 10/11/17. Boston Scientific Corporation waiver mailed on 10/6/2017, answer due 12/5/2017. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/12/2017)

#3

(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/12/2017)

#2

(#2) TRANSMITTED PRETRIAL ORDER # 171 (First Amended Docket Control Order Wave 3 Cases) entered on 09/07/2017 in MDL 2326 to attorneys in member case. (crg) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/06/2017)

1 #1

Civil Cover Sheet

#1

(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6014067. (Attachment: #1 Civil Cover Sheet) (rec) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/05/2017)

464 More Documents Available

 

Docket Entries

  • 02/05/2021
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  • Docket(#172) ORDER: Granting Motion for Leave to Appear Pro Hac Vice #170 . Larissa A. Davis on behalf of Katrina Hinnewinkel. Ordered by Magistrate Judge Mark D. Clarke. (jkm) (Entered: 02/05/2021)

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  • 02/05/2021
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  • DocketClerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Larissa A. Davis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7867228 #170 : Reviewed and Ready for Ruling. (jkm) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#171) Stipulated Judgment of Dismissal of C.R. Bard, Inc. Without Prejudice" #167 . Signed on 02/05/2021 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#170) Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Larissa A. Davis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7867228. Filed by All Plaintiffs. (O'Leary, Leslie) (Entered: 02/05/2021)

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  • 02/05/2021
  • Docket(#169) Clerk's Notice of Mailing 168 sent by mail to Courtland Carter Chillingworth on this date. (rsm) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#168) ORDER: GRANTING Stipulated Motion to Dismiss #167 . Plaintiffs claims against Defendant C.R. Bard, Inc. only shall be dismissed without prejudice pursuant to the parties settlement agreement. Each party shall bear its own costs and fees. All motions brought by Defendant Bard #94 #101 #104 #107 #109 are DENIED AS MOOT. Plaintiffs Motion to Exclude testimony of Defendant Bards Expert #103 is also DENIED AS MOOT. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#167) Stipulated Motion to Dismiss filed as "Stipulated Judgment of Dismissal of C.R. Bard, Inc. Without Prejudice". Filed by C. R. Bard, Inc.. (French, Pilar) (Entered: 02/05/2021)

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  • 01/14/2021
  • Docket(#166) Clerk's Notice of Mailing regarding Order 165 sent to Courtland Carter Chillingworth on this date. (rsm) (Entered: 01/14/2021)

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  • 01/14/2021
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  • Docket(#165) ORDER: The Court will set a telephonic oral argument on Motion by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Keith Reeves, M.D. #104 , Motion by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Michael T. Margolis, M.D. #107 and Motion by C. R. Bard, Inc. for Summary Judgment, or, in the Alternative, Partial Summary Judgment #109 . Counsel shall advise the Court of their availability for hearing on February 9, 10, 11 & 12, 2021. The Court at this time declines to allow Defendant Boston Scientific to join in Defendant Bards Motion for Summary Judgment or Daubert motion as to Dr. Margolis as clear deadlines were set in the MDL. The Court did not intend to set oral argument at this time on the other outstanding Daubert motions as they are not referenced in the summary judgment briefs. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/14/2021)

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  • 12/02/2020
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  • Docket(#164) Proposed Form of Order Submitted filed as "Revised Scheduling Order". Filed by C. R. Bard, Inc.. (French, Pilar) (Entered: 12/02/2020)

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162 More Docket Entries
  • 04/10/2018
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  • Docket(#10) VACATED PURSUANT TO THE #12 ORDER ENTERED ON 4/17/2018: INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement with regard to BSC. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and BSC may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5419 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 4/10/2018. (cc: attys; any unrepresented party) (kp) (Modified on 4/17/2018 to note order has been vacated) (mek). [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 04/10/2018)

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  • 03/23/2018
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  • Docket(#9) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 03/23/2018)

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  • 03/19/2018
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  • Docket(#8) PLAINTIFF FACT SHEET filed by Katrina Hinnewinkel. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 03/19/2018)

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  • 03/07/2018
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  • Docket(#7) MOTION by Katrina Hinnewinkel to File Plaintiffs' First Amended Complaint and MEMORANDUM OF LAW IN SUPPORT (Attachment: #1 Amended Complaint)(Bossier, Sheila) (Modified on 3/7/2018 to remove link to #1 short form complaint) (kp). [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 03/07/2018)

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  • 01/30/2018
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  • Docket(#6) PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 4 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 4 Cases Listed on Exhibit A) (ts) (ADI) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 02/02/2018)

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  • 12/04/2017
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  • Docket(#5) PLAINTIFF PROFILE FORM filed by Katrina Hinnewinkel. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 12/04/2017)

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  • 10/12/2017
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  • Docket(#4) WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 10/11/17. Boston Scientific Corporation waiver mailed on 10/6/2017, answer due 12/5/2017. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/12/2017)

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  • 10/12/2017
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  • Docket(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/12/2017)

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  • 10/06/2017
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  • Docket(#2) TRANSMITTED PRETRIAL ORDER # 171 (First Amended Docket Control Order Wave 3 Cases) entered on 09/07/2017 in MDL 2326 to attorneys in member case. (crg) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/06/2017)

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  • 10/05/2017
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  • Docket(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6014067. (Attachment: #1 Civil Cover Sheet) (rec) [Transferred from West Virginia Southern on 8/19/2020.] (Entered: 10/05/2017)

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