EAST ST. LOUIS – Larry Milligan of Johnston City died last May but continued to litigate against Johnson & Johnson in U.S. district court for six months.
On Nov. 29, in a case with 10 plaintiffs, he and wife Patricia Milligan answered requests for admissions about pelvic mesh that a surgeon implanted in her.
Johnson & Johnson counsel Charissa Walker of Chicago filed a suggestion of Larry’s death on Jan. 13.
She separately suggested that plaintiff Debra Hyde of Wood River died on Nov. 23.
She stated that plaintiff’s counsel advised her of Hyde’s death on Dec. 1.
She didn’t state when counsel advised her of Milligan’s death.
Jacob Flint of Edwardsville and Andrew Feldman of the Flint firm represent Patricia Milligan and seven other remaining plaintiffs.
They sued Johnson & Johnson and its Ethicon subsidiary in December 2020.
They alleged fraud, negligence, defects of design and manufacturing, failure to warn, breach of warranty, infliction of distress, and unjust enrichment.
Hyde claimed surgeon Jeffery Parres implanted a mesh product at Anderson Hospital in Maryville and she subsequently developed complications.
Patricia Milligan claimed she developed complications after surgery by Michael Schifano at Heartland medical center in Marion.
Larry Milligan claimed loss of consortium.
On May 14, he died.
Flint amended the complaint on June 2, with Larry still among the plaintiffs.
In August, Chief District Judge Nancy Rosenstengel dismissed all claims except negligence and infliction of distress.
Johnson & Johnson served requests for admissions on Hyde and Patricia Milligan in October, and they served requests on Johnson & Johnson in November.
In response to the request for Patricia’s admissions, Feldman filed answers and objections for Patricia and Larry.
He responded to a request to admit that Patricia didn’t consider suing until she heard attorney advertising by objecting that the request was sought for purposes of impeachment or harassment.
He responded likewise to a request to admit Patricia didn’t notify Johnson & Johnson of any alleged defect.
Other remaining plaintiffs are Brandon Baity and Kevin Baity of Centralia, April Ray and Steven Ray of Herrin, Tamara Daily of Macedonia, Carrie Dodson of St. Elmo, and Diane Zappia of Highland.
Rosenstengel has set trial in July 2023.