OCTOBER 25, 2011 – The Eighth Circuit affirmed the judgments of the district court, finding that Jeanette Rick and the other plaintiffs-appellants were time-barred from bringing their hormone replacement therapy cases against Wyeth in Minnesota by a New York state court’s ruling on New York’s statute of limitations.

This week Gustafson Gluek P.L.L.C. filed a petition for certiorari in the United States Supreme Court, asking the Court to decide whether the Eighth Circuit correctly interpreted New York state law.  The firm expects the Supreme Court to issue its decision on the petition in late March.

WASHINGTON D.C. – September 20, 2011– Dan Gustafson, who is heading an American Antitrust Institute Pharmacy Benefit Manager Merger Ad Hoc Working Group, testified before the House Judiciary Subcommittee on Intellectual Property, Competition and Internet at the hearing on “The Proposed Merger between Express Scripts and Medco” in his individual capacity as an antitrust practitioner, raising concerns regarding the possible anticompetitive effects of a merger between two of the three largest pharmacy benefit managers.

C-Span Video of PBM Merger Hearing

PBM Merger Testimony of Dan Gustafson

PBM Merger Hearing Transcript of Dan Gustafson

PBM Merger Hearing Transcript

PBM Merger American Antitrust Article

JUNE 15, 2011 – Dan Gustafson presented oral argument on behalf of plaintiffs-appellants before the Eighth Circuit Court of Appeals, arguing that the New York timeliness dismissal of Jeanette Rick et al., v. Wyeth et al., should not bar a subsequent diversity action in Minnesota federal court. In personal injury cases, New York has a three-year statute of limitations, whereas Minnesota’s statute of limitations is six years.

Jeanette Rick and 8 other women allege that Defendants’ hormone replacement therapy caused their breast cancers, and that Plaintiffs were not adequately warned of such risk. The firm expects a decision within the next few months.

Listen to Oral Argument

MINNEAPOLIS – October 14, 2010 – Medtronic, Inc. (NYSE:MDT) today announced that it has entered into an agreement to settle existing U.S. lawsuits relating to its Sprint Fidelis® family of defibrillation leads (Sprint Fidelis Models: 6930, 6931, 6948, 6949) that were the subject of a field action announced on October 15, 2007.

Under the terms of the agreement, Medtronic has agreed, subject to certain conditions, to settle U.S. lawsuits and claims pending as of October 15, 2010 for a total payment of $268 million.  The payment includes an amount for attorneys’ fees and administrative expenses.  The parties will file joint requests to terminate the Multi-District Litigation (MDL) and Minnesota state court proceedings related to the Sprint Fidelis leads and to dismiss the plaintiffs’ appeals pending before the U.S. Court of Appeals for the Eighth Circuit and the Minnesota Court of Appeals. The parties will also request dismissal of other Fidelis-related cases throughout the country. Medtronic can cancel the agreement if certain conditions are not met, and the agreement can be terminated by either party if the MDL proceedings are not terminated.

The cases in the settlement are those arising in the United States from the October 15, 2007 Sprint Fidelis field action, including cases currently filed either in the MDL or in state courts. All settling plaintiffs must satisfy any insurance claims and subrogation interests of Medicare or Medicaid from their settlement payments.  No additional sums for these cases will be paid by Medtronic for third-party claims or attorneys’ fees.

The settlement is a compromise of disputed claims, and the parties have not admitted any liability or the validity of any defense in the litigation.  Medtronic expects to record the Sprint Fidelis lead litigation settlements as a special charge in its second fiscal quarter ending October 29, 2010.