The Supreme Court has granted certification to review the decision in Cornett v. Johnson & Johnson, 414 N.J. Super. 365 (App. Div. 2010). [Disclosure: I am co-counsel for plaintiffs in Cornett]. That opinion, written by Judge Parrillo, involved 49 consolidated matters, in all of which plaintiffs alleged that a stent manufactured and marketed by defendants was defective.
The Appellate Division addressed whether plaintiffs’ claims were preempted by the Medical Device Amendments of 1976 to the federal Food, Drug & Cosmetic Act, 21 U.S.C. §§360c-360-m, and determined that some claims were preempted while others were not. In the case of plaintiff Vonnie Cornett only, a statute of limitations issue was also presented. The Appellate Division determined that, irrespective of the panel’s ruling on preemption, Ms. Cornett’s claims were all time-barred.
Plaintiff Cornett filed a petition for certification on the statute of limitations issue. Defendants then cross-petitioned, seeking a ruling that the claims of all plaintiffs that the Appellate Division had not dismissed on preemption grounds were in fact preempted. The Supreme Court granted both the petition and the cross-petition.
This could be a very significant case. Stay tuned.