Four people who alleged injuries caused by a medical device to prevent pulmonary embolism are barred from filing product liability lawsuits because their attorney failed to meet filing deadlines, the seventh says. circuit.
Nicholas Farnolo of Napoli Shkolnik PLLC represented Laurie Sides, Lisa Ward, Lydia Terry and Ralph Brandon in their simplified claims in a multi-district dispute alleging injury caused by a filter to prevent clots. The plaintiffs were to file the forms regarding their injuries, but Farnolo never filed them and did not respond to the corresponding motion to dismiss, according to the ruling.
Farnolo discovered the dismissal more than a year later and filed a motion for reconsideration and reinstatement of claims based on the argument that the dismissal order went into his junk file.
The U.S. District Court for the Southern District of Indiana dismissed Farnolo’s motion as premature because it was filed nearly 13 months after the judgment, a month too late. The court also ruled that the negligence was “inexcusable” because Farnolo could have easily monitored the case.
The United States Court of Appeals for the Seventh Circuit upheld that ruling on Monday, saying it was undisputed that the filing was late.
The district court “did not abuse its discretion in recognizing” that Farnolo could have avoided dismissal in the first instance had he confirmed receipt of his clients’ forms or monitored the records more closely, wrote the Judge Michael Y. Scudder Jr. for the court. .
Farnolo did not immediately return Bloomberg Law’s request for comment on Tuesday.
Judges David F. Hamilton and Amy J. St. Eve joined in the decision.
Defendants are represented by Faegre Drinker Biddle & Reath LLP.
The cases are In re Cook Med. Inc. IVC Filters Mktg. Sales practice and Prod. Lib. Litig., 7th Cir., n° 20-3279, 20-3280, 20-3281, 20-3282, 02/28/22.