Centralization of Plavix Lawsuits Sought in New Jersey State Court
Published: April 27th, 2011
Bristol Myers Squibb Co. and Sanofi-Aventis are calling for mass tort centralization of all Plavix lawsuits filed in New Jersey state court, citing a growing number of complaints filed by former users who allege that the drug makers fraudulently promoted their popular blood thinner and failed to adequately warn about the risk of potentially life-threatening side effects of Plavix.
Plavix (clopidogrel) is a blood thinner that prevents blood platelets from sticking together to form clots. It is often prescribed to prevent heart attacks, strokes and blood clotting when drug coated stents are used in patients with arteriosclerosis and in other at-risk patients. It is a blockbuster medication, generating more than $6.5 billion in U.S. sales for Bristol Myers Squibb Co. and Sanofi-Aventis in 2010.
According to a request for mass tort designation filed with the New Jersey courts earlier this month by the drug makers, more than 40 people have filed a Plavix lawsuit in courts throughout the United States, including at least five in Atlantic County, New Jersey. In addition, other former users have indicated they intend to file a lawsuit over Plavix after suffering an injury, and many of those cases are likely to be filed in New Jersey state court, where Sanofi-Aventis is headquartered and Bristol Myers Squibb has five facilities.
All of the complaints filed so far involve nearly identical allegations, that the makers of Plavix promoted the expensive medication as a safer alternative to aspirin, although it may actually provide no benefit over taking a four-cent-a-day aspirin. Plaintiffs allege that they suffered injuries as a result of their unnecessary use of Plavix, such as gastrointestinal bleeding, severe ulcers, heart attacks, strokes and a rare blood disorder known as TTP, or thrombotic thrombocytopenic purpora.
Plaintiffs say that the two companies repeatedly overstated the safety and effectiveness of Plavix, and point out that the companies were repeatedly cited by the FDA for illegal, off-label promotions and for ads and campaigns that touted its benefits over aspirin and how safe it was for the stomach; both claims that the FDA said were unproven, and that several scientific studies brought into doubt.
The two companies say that the lawsuits and their claims are numerous and similar enough to warrant mass tort designation in New Jersey, and have asked that the caseload be transferred to Bergen County, due to its current low mass tort caseload.
In support of their position that the litigation will involve a large number of parties, Bristol Myers Squibb and Sanofi-Aventis point to the large number of lawyers advertising for Plavix lawsuits throughout the United States. In addition, the drug makers indicate that they have reached agreements with many plaintiffs to toll the statute of limitations in their case, and those individuals may file a lawsuit at any time.
Similar to how a Plavix class action lawsuit may be handled, a mass tort designation would centralize all cases filed in New Jersey state court before one judge for pretrial proceedings in order to avoid duplicate discovery and conflicting rulings. However, unlike a class action, the claims would remain individual lawsuits for purposes of determining damages and each claim would be judged independently at trial.
Related Posts
- Plavix Side Effects Lawsuit Filed by 72 People in Illinois State Court (1/30/2012)
- Plavix Injury Lawsuits in Federal Court Will Not Be Centralized in MDL (12/19/2011)
- Motion Filed to Consolidate Plavix Lawsuits in Federal Court (10/19/2011)
- Plavix Litigation Centralized in New Jersey State Court (8/3/2011)
- Plavix Lawsuit Filed Over Heart Attacks and Strokes Suffered by 11 People (11/8/2010)
Comment by Dean on 27 April 2011:
If you get side effect from taking drug, you stop. Did your doctor always tell you that or too stupid to understand. These patients and lawyers are opportunists and faked side effect complications to make money.
Comment by Dean on 27 April 2011:
By the way, the best way to thin your blood is alcohol, this has been proven by scientists in the UK. Nicotine does the opposite. If you just want to have few beers and few cigarettes, your blood condition stays neutral.
Comment by larry on 28 April 2011:
Geez…., Shameful they made such a profit off this deadly drug and they are still looking for a way out , if the drug wasnt that bad why are so many cases coming out.
Comment by Physiology expert on 28 April 2011:
Speed of curtailing of blood, inversely proportional to quantity of fibrin of blood in norm. Physiological function of curtailing of blood is concluded in protection of blood against loss of a moisture.
Comment by rita on 2 May 2011:
Dean let me get this right I am not to listen to my Dr advice and I should just smoke some cigaretts and drink a few beers and I will be just fine. Then why go to the Dr in the 1st place.You did’nt mention have you or are you on Plavix.I was put on Plavix + baby asprin in 2001 after my 1st heart attack was told I would be on it the rest of my life.During the past 10yrs I have several heart attacks + reblockage and stents + 2 open heart operations.After my last heart attack 2010 the Dr took me off Plavix he ran a test on my blood said Plavix not working for me.I have asked Dr several times in the past 10yrs why or what was causig so many heart attacks he said just very bad luck.So now they have a blood test to see if Plavix will work for you.It also turns out that the drug makers of Plavix have known for years that there was problems for some people using Plavix.My point is if the drug company would have shared this info with the Dr I would have been off of Plavix sooner.Instead by Dr orders I have been taken Plavix all this time to prevent heart attacks and was not getting any benifit from it’s protection.I quess I shouldn’t go to Dr.- hospital – or take any drugs.I will give it a try I will lay down my nitro pills and grab me a cigg and a beer on my next heart attack.
Comment by Donna on 22 May 2011:
You tell him Rita, apparently he isn’t taking it or knows anyone that was, that got injuried or died from taking it. My mom Hemorraghed from bleeding ulcers, they did surgery on her twice. Gave her 22 units of blood in 18 hours. She was in ICU for 2 weeks and ultimately died. So I don’t know why someone has to make comments like that. Hope you are doing ok now Rita……
Comment by fay on 1 June 2011:
Ok so My Husband had a trpl bypass in 2008 & then Heartattack on Feb 24th this year & recieved 2 stents. Dr put him on Plavix plus 325mg Asprin . I have been reading alot about severe side affects plavix from going off the Med…My Head is spenning right now..Not shure what to do????? I truly think Dr’s are getting ther cut from this Med so not to worried about what is does do their Patients!!!! Just me thats what i think!!!
Comment by Donna on 7 July 2011:
What is going on with the Plavix Lawsuits????????????? Oh my gosh!!!!!
Comment by LARRY on 9 July 2011:
@ Dean , so your telling me I faked the side affect ? , SO WHEN I DEVELOPED TTP AFTER TAKING PLAVIX FOR A WEEK AND WENT INTO A COMA AND HAD TO GET PLASMA PHERISIS DONE AND ALL MY WHITE CELLS ATTACKED EVERYTHING IN MY BODY AND i ALMOST DIED , I WAS FAKING IT ? YOU ARE TRULY INSENSEATIVE AND UNINFORMED , DO YOUR HOMEWORK BEFORE YOU SPEAK
Comment by Unknown on 20 July 2011:
Hmmmm……if I put a chemical into my body there will be no risk of a side effect? The benefits outweigh the risk! Do your homework. No one forced the pill down your throat and your still alive to talk about it.
Comment by Dee on 1 August 2011:
People trust their doctors to help them; that is why they do what they tell them – taking medicine included. That’s why we have doctors in this country – to help us get well. Doctors have to become better informed before they instruct patients to take chemicals, about which they know little to nothing. For some illnesses, there are more natural cures, without the side-effects.
If you are confused about what to do to keep from developing blood clots, strokes and heart attacks, I can attest to a nutritional supplement that my dad used for a month before his scheduled angioplasty. When he went to the hospital to have the procedure, his doctor said there was no longer any need to have the angioplasty because the plaque was gone. His artery had been 80+% closed prior to taking the proprietary, patent-pending supplement. My dad was 84 years old at the time, and walked out of the hospital, and lived to be 93 without ever having to have the procedure.
Comment by Dennis on 8 October 2011:
Gee Dean, where did you get your medical license?? And maybe you would like to stand in the shoes of some of these people self included, that have suffered serious life threatening and medical debilitating injuries as a result of profits over human safety? Sounds like you have the cumulative IQ of an rock and a grain of sand!
This isn’t a joke and it has absolutely nothing to do with gold diggers as the courts ALWAYS throw those cases out! If you don’t have the medical proof, you get ZILCH!! Maybe you should get an education before showing off your total ignorance!! That way you could arm yourself with facts and not hear say stupidity!!
Comment by trena on 11 October 2011:
my husband died of a fatal heart attack while taking both plavis & aspirin. he was told by his dr. that not taking plavix would be suicide.now it turns out that someone who has a history of high blood pressue, high cholesterol, or ulcers should never have been prescribed plavix because it would make them have a greater risk of having a fatal heart attack. well, my husband who was only 46 years old when he died, had all 3 of those conditions. he took plavix & aspiring faithfully for the last 4 years of his life. bristol myers squibb was playing rusian roulette with peoples lives & no amount that they pay shoud relieve them of their responsiblility. they knew this could happen and ignored it for the almighty dollar, leaving some of us to lose precious loved ones way to soon. i wish there was a way to shut them down over this.
Comment by tammmy on 12 October 2011:
whats going on with plavix my husband takes it and has since 2008 when he had a heart attack hes had alot of unexplained health issues since and no one seems to have the answers for and have been to several doctors to get other opinions on these matters
Comment by larry on 27 November 2011:
Its funny how people who have never experienced these life changing side effects always seem to comment on something they
Know very littlle about , its not about the money its about the pople who are injured from this medicine , yeah I will agree its helped many n but what about the. People who were injured by it ? do they not count ?