Opinion
September 14, 2004
ORDER
On application made pursuant to Rule 4:38A and the Mass Tort Guidelines promulgated by Directive #11-03 in accordance with that Rule, it is hereby ORDERED that all pending and future actions seeking damages or other relief arising out of alleged injuries from the use of hormone replacement therapy (HRT) drugs are designated as a mass tort for centralized case management purposes; and
It is FURTHER ORDERED 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 Superior Court, Law Division, Atlantic County (Vicinage No. 1), and assigned for management purposes to the Honorable Carol Higbee; and
It is FURTHER ORDERED that venue in all existing HRT cases is transferred to Atlantic County; and that, pursuant to N.J. Const. (1947), 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 complaints seeking damages for alleged injuries from the use of hormone replacement therapy drugs, no matter where they might be venued, shall be filed in Atlantic County and assigned to Judge Higbee for management; and
It is FURTHER ORDERED that Judge Higbee shall oversee all management and trial issues for such cases and may, in her discretion, return such cases to the original county of venue for disposition; and
It is FURTHER ORDERED that no Special Master may be appointed in this litigation without the express approval of the Chief Justice.
For the Court Deborah T. Poritz Chief Justice Dated: September 14, 2004