Opinion
2:23-cv-00011-CDS-EJY
07-11-2023
CHERYL ELLISON and HARVEY ELLISON, Plaintiffs, v. JOHNSON & JOHNSON SERVICES, INC.; JOHNSON & JOHNSON, INC.; DEPUY ORTHOPAEDICS, INC.; DEPUY PRODUCTS, INC.; MEDICAL DEVICE BUSINESS SERVICES, INC., fka DEPUY ORTHOPAEDICS, INC.; DEPUY SYNTHES, INC.; JOHNSON & JOHNSON INTERNATIONAL; and JOHNSON & JOHNSON, Defendants.
KAEMPFER CROWELL Robert McCoy, No. 9121 Sihomara L. Graves, No. 13239 BARNES & THORNBURG LLP Terri Bruksch (pro hac vice) THOMAS COMBS & SPANN, PLLP Daniel R. Higginbotham (pro hac vice) Attorneys for Defendants Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., DePuy Products, Inc., and DePuy Synthes, Inc. BUTLER SNOW LLP Amy Pepke (pro hac vice) BUTLER SNOW LLP Kimberly Bueno (pro hac vice) HARRISON DAVIS MORRISON JONES, PC Matthew Morrison (pro hac vice) Christina Hix (pro hac vice) WETHERALL GROUP, LTD. Peter C. Wetherall, No. 4414 Attorneys for Plaintiffs Cheryl Ellison and Harvey Ellison
KAEMPFER CROWELL Robert McCoy, No. 9121 Sihomara L. Graves, No. 13239
BARNES & THORNBURG LLP Terri Bruksch (pro hac vice)
THOMAS COMBS & SPANN, PLLP Daniel R. Higginbotham (pro hac vice)
Attorneys for Defendants Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., DePuy Products, Inc., and DePuy Synthes, Inc.
BUTLER SNOW LLP Amy Pepke (pro hac vice)
BUTLER SNOW LLP Kimberly Bueno (pro hac vice)
HARRISON DAVIS MORRISON JONES, PC
Matthew Morrison (pro hac vice)
Christina Hix (pro hac vice)
WETHERALL GROUP, LTD. Peter C. Wetherall, No. 4414
Attorneys for Plaintiffs Cheryl Ellison and Harvey Ellison
STIPULATION AND ORDER REGARDING MEDICAL RECORD AUTHORIZATIONS
Plaintiffs Cheryl Ellison and Harvey Ellison and Defendants Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. fka DePuy Orthopaedics, Inc., DePuy Products, Inc., and DePuy Synthes, Inc. (the “DePuy Defendants”) stipulate as follows:
On or before July 12, 2023, or as soon as reasonably practical, Plaintiffs will provide the DePuy Defendants with an updated medical records authorization signed by Cheryl Ellison to obtain supplemental records from those providers who have previously produced records in this matter and from the date of the most recent record through the time of trial (“the Supplemental Records”). Plaintiffs further agree to provide signatures on proprietary authorizations as required by Cheryl Ellison's medical providers between now and trial. To the extent Cheryl Ellison has visited physicians or health care providers for whom records have not been previously produced, including but not limited to her Primary Care Providers, Plaintiffs agree to allow the DePuy Defendants to collect medical records from those providers as well. Records requests sent to providers whose records have not been previously produced will be limited in time from June 30, 2022 until the date of trial in this matter.
In exchange for timely receipt of these signed authorizations, the DePuy Defendants agree not to use the Supplemental Records as a basis for designating case-specific experts or opinions before trial unless Plaintiffs' experts first supplement their opinions based upon a substantial change in Cheryl Ellison's condition. Such opinions by the DePuy Defendants' expert(s), if any, shall not include new case-specific opinions based on any previously produced medical records or information but instead shall be limited to the alleged substantial change in condition reflected in the Supplemental Records. Should such supplementation occur by Plaintiffs' expert(s), Plaintiffs and the DePuy Defendants reserve all rights under the rules and case law to pursue or, alternatively, object to any expert supplementation or designation.
ORDER
IT IS SO ORDERED.