EAST ST. LOUIS – Attorneys Jacob Flint and Andrew Feldman of Flint Cooper in Edwardsville produced no substitutes for two dead plaintiffs in a group action against Ethicon and Johnson & Johnson in U.S. district court.
Defendants moved to dismiss claims of Larry Milligan of Johnston City and Debra Hyde of Wood River on April 25.
Defense counsel Charissa Walker of Chicago wrote that if a substitution motion isn’t made in 90 days after service of notice, the action must be dismissed.
She filed suggestions of death for Milligan and Hyde in January.
Flint and Feldman sued Ethicon and Johnson & Johnson in 2020, on behalf of ten Southern Illinois residents alleging injuries from defective pelvic mesh.
They added 104 plaintiffs from other states in 2021, but Chief District Judge Nancy Rosenstengel dismissed all of them for improper venue last April.
Milligan’s widow Patricia Milligan continues as plaintiff along with Brandon and Kevin Baity of Centralia, April 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.