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Week Ahead in Health: May 24, 2021 - Reuters

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Here are some upcoming events of interest to the health community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.

Monday, May 24

8:30 a.m. - The first trial is scheduled to begin in litigation against cryopreservation tank manufacturer Chart Industries Inc over the failure of one of its tanks at San Francisco fertility clinic Pacific Fertility Center that resulted in the destruction of thousands of embryos and eggs. The trial will include five plaintiffs out of more than 200 patients who have brought claims over the 2018 tank failure before U.S. Magistrate Judge Jacqueline Scott Corley in San Francisco. Pacific Fertility and its parent company Prelude Fertility Inc previously won motions to send the claims to arbitration, leaving Chart as the only defendant in court.

For the plaintiffs: Dena Sharp of Girard Sharp, Sarah London of Lieff Cabraser Heimann & Bernstein, Amy Zeman of Gibbs Law Group and others. For Chart: Kevin Ringel Swanson, Martin & Bell, Marc Cowden of Sheuerman, Martini, Tabari, Zenere & Garvin and others.

Wednesday, May 26

10 a.m. - The sister of a former GlaxoSmithKline Plc researcher is scheduled to be sentenced in person by U.S. District Judge Joel Slomsky in Philadelphia after pleading guilty to conspiring with others to steal trade secrets related to drugs the company was developing to treat cancer and other diseases. Yu Xue, a former senior-level manager at GSK who worked at the British drugmaker for nearly a decade, was among five people who were charged in 2016 with participating in a scheme to steal confidential data about several of GSK's products that they then planned to sell through a Chinese company launched in 2012.

The case is U.S. v. Xue, et al, U.S. District Court, Eastern District of Pennsylvania, No. 16-cr-00022. For the government: Assistant U.S. Attorney Robert Livermore and Katherine Driscoll of the U.S. Attorney's Office for the Eastern District of Pennsylvania. For Xue: Peter Zeidenberg of Arent Fox.

10 a.m. - The 3rd U.S. Circuit Court of Appeals will hear arguments over whether a district judge erred in dismissing a lawsuit brought by a man with paranoid schizophrenia who sued the nursing home where his mother lived, Berkeley Heights Nursing and Rehabilitation Center in New Jersey, without first evaluating his mental competency to prosecute the case. U.S. District Judge Esther Salas dismissed the case after the plaintiff, Victor Mondelli, missed multiple deadlines. His court-apppointed lawyer on appeal argues that Salas should have held a hearing to determine whether Mondelli was competent to prosecute his case, so that the court could appoint a guardian to protect his interests if he was not. Mondelli's lawsuit accuses the nursing home of mistreating his mother, and barring him from visits when he complained.

The case is Victor Mondelli v. Berkeley Heights Nursing and Rehabilitation Center et al, 3rd U.S. Circuit Court of Appeals, No. 18-2193. For Mondelli: Michael Foreman of Penn State Law Civil Rights Appellate Clinic. For defendant: Walter Kawalec of Marshall Dennehey Warner Coleman & Goggin.

Thursday, May 27

11 a.m. - The Judicial Panel on Multidistrict Litigation will hear arguments on motions to consolidate various multidistrict litigations, including a motion by Florida health care company Mednax Services Inc, represented by Kristine Brown of Alston & Bird, to consolidate claims brought against it over a data breach in the Southern District of Florida (MDL No. 2994); a motion by consulting firm McKinsey & Co, represented by James Bernard of Stroock & Stroock & Lavan, to consolidate claims accusing it of fueling the nationwide opioid epidemic in the Southern District of New York (MRL No. 2996); a motion by plaintiffs suing baby food makers Beech-Nut Nutrition Co, Gerber Product Co and others over alleged heavy metal contamination, represented by Douglas McNamara of Cohen Milstein Sellers & Toll, to consolidate claims in the Eastern District of New York; a motion by plaintiffs suing bankrupt drugmaker Mallinckrodt PLC and Express Scripts Inc for alleged price fixing involving Mallinckrodt's infant seizure drug Acthar, represented by Donald Haviland of Haviland Hughes, to consolidate claims in the Northern District of Illinois (MDL No. 2999); a motion by plaintiffs accusing Google of selling addictive casino-type games, represented by Dargan Ware of Davis Norris, to consolidate claims in the Northern District of California (MDL No. 3001); and a motion by a plaintiff suing Chevron USA Inc and Syngenta AG alleging that weedkiller paraquat causes Parkinson's Disease, represented by Ann Saucer of Fears Nachawati, to consolidate claims in the Northern District of California (MDL No. 3004).

Know of an event that could be included in Week Ahead in Health? Contact Brendan Pierson at brendan.pierson@thomsonreuters.com

Our Standards: The Thomson Reuters Trust Principles.

Brendan PiersonBrendan Pierson reports on product liability litigation and on all areas of health care law. He can be reached at brendan.pierson@thomsonreuters.com.

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