March 1998 AAOS Report
Pedicle screw cases sent back to local courts
In February, by the order of the federal panel on multidistrict litigation
and at the suggestion of Judge Louis Bechtle, the first 53 cases naming the
Academy as a defendant in the pedicle screw products liability litigation
were sent back to the local courts where they initially were filed for
purposes of completing discovery and preparing for trial. It is expected,
by the end of 1998, that all remaining cases will be sent back to local
courts across the country. These remands were expected because under the
multidistrict litigation process (unlike a class action proceeding), cases
are consolidated in one court not for trial but only to resolve pre-trial
motions and to complete earlier parts of discovery. The Academy will be
working closely with the other medical organization defendants to file
motions for summary judgment in the local courts, and if unsuccessful in
disposing of the cases with these motions, to prepare the cases for trial.