Opinion
2:18-md-2846
01-10-2024
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION This document relates to: Bricking v. Davol, Inc., et al. Case No. 2:23-cv-2670
EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
KIMBERLY A. JOLSON MAGISTRATE JUDGE
ORDER
EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
Plaintiff Linda Bricking has filed four complaints, via three different attorneys, in this multidistrict litigation (“MDL”) alleging injuries caused by a Ventralight ST hernia mesh device. The first case, filed on February 8, 2022, was dismissed without prejudice by a stipulation of the parties (Case No. 22-cv-502, ECF No. 2). The second case, filed on February 17, 2022, was dismissed without prejudice for Plaintiff's failure to serve complaint (Case No. 22-cv-756, ECF No. 6). The third case, filed February 24, 2022, remains pending (Case No. 22-cv-1017). On August 23, 2023, Plaintiff filed this case (ECF No. 1). On November 28, 2023, Defendants filed a motion to dismiss the instant action as duplicative of Case No. 22-cv-1017. (ECF No. 3.) Plaintiff did not file a response, and the Court will therefore treat the motion as unopposed. Accordingly, Defendants' motion (ECF No. 3) is GRANTED and this case is DISMISSED.
IT IS SO ORDERED.