Todd-Stenberg

This appeal follows a judgment entered on three consolidated actions. In each, the plaintiff, Mary Ann Todd-Stenberg, Elaine Ford Coscia and Anne Marie Crilly, respectively, alleged that she had suffered injuries resulting from the use of an intrauterine device (IUD) known as the Daikon Shield. We need not repeat here much of the procedural history of these claims. It is enough that A. H. Robins, the manufacturer of the Daikon Shield, filed for relief under chapter 11 of the United States Bankruptcy Code, that the Daikon Shield Claimants Trust (the Trust) was formed as a result of the bankruptcy proceeding and that respondents here each properly filed a complaint against the Trust. The superior court granted the motion of respondents to consolidate their actions for trial. A jury thereafter returned a verdict in favor of all three respondents, awarding damages $90,000 to Crilly, $125,000 to Coscia and $275,000 to Todd-Stenberg. The Trust appeals.

The Trust’s main contention on appeal is that the trial court erred in consolidating the cases. The Trust accordingly argues that the cases did not meet the criteria for consolidation. It argues that consolidation caused the…