Darvon, Darvocet Lawsuit Consolidation Sought in Federal Court
A motion filed last week is calling for all Darvon lawsuits and Darvocet lawsuits filed in various federal district courts throughout the United States to be centralized before one judge for coordinated handling during pretrial proceedings as part of an MDL, or multidistrict litigation.
The request comes in anticipation of what many expect will be thousands of similar claims that may be filed on behalf of individuals who allege that they suffered health problems from the recently recalled painkillers, such as heart arrythmia, heart attacks, strokes and other cardiac issues.
According to the motion filed on December 15, plaintiff Kristine Esposito has proposed that each Darvon or Darvocet lawsuit filed in any federal district court be transferred to the U.S. District Court for the Eastern District of New York and that the Panel assign Judge Jack B. Weinstein to preside over the cases.
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Learn MoreEsposito’s complaint is currently pending in the Eastern District of New York, and at least three other complaints involving nearly identical claims have been identified in other courts. However, many Darvocet recall lawyers anticipate that thousands of claims will ultimately be filed, as the painkillers have been used by millions of people in the United States.
Both Darvocet and Darvon contain the active ingredient propxyphene, which is designed to relieve mild to moderate post-surgical pain. However, Darvocet also contains acetaminophen, which is the active ingredient in Tylenol, and it has grown to become one of the 25 most commonly prescribed medications.
A recall of Darvon and Darvocet was issued on November 19, after the FDA determined that propoxyphene-based painkillers may increase the risk of potentially fatal heart rhythm abnormalities, including heart arrythmia. The medications were also previously linked to a risk of overdose and suicide, leading federal regulators to determine that the overall health risks of Darvon and Darvocet outweigh the potential benefits.
Consolidation of Darvocet and Darvon recall lawsuits before one judge as part of an MDL, or multidistrict litigation, is designed to reduce duplicative discovery, avoid contradictory rulings from different judges and to serve the convenience of the court, witnesses and parties. While the pretrial management of the cases in an MDL is often managed similar to how a Darvon or Darvocet class action lawsuit would be handled, each claim will still remain an individual lawsuit.
The MDL Panel has already released a schedule for its next hearing on January 27, so oral arguments on the motion for Darvon and Darvocet lawsuit consolidation may not be heard until a hearing scheduled for March 30th in San Diego, California.
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3 Comments
GilbertoJuly 4, 2011 at 3:29 am
I am Register Nurse, Veteran do to my many muscle joint, and back strain suffer in The Persian Gulf and some other medical problem my primary care Physician prescribed Darvocet, I was taken this medication and a suffer a cardiac arrest I was down 4-5 minutes before arrived to the hospital and they stared CPR, thank God I made it, the Cardiologist and all my friends in the hospital said "I am a mi[Show More]I am Register Nurse, Veteran do to my many muscle joint, and back strain suffer in The Persian Gulf and some other medical problem my primary care Physician prescribed Darvocet, I was taken this medication and a suffer a cardiac arrest I was down 4-5 minutes before arrived to the hospital and they stared CPR, thank God I made it, the Cardiologist and all my friends in the hospital said "I am a miracle" one coronary artery Broke and all stared there, Now I have a Stent and my PCP when he knew about Darvocet causing these problems first he informed me that maybe Darvocet caused my heart attack because the rest of my coronaries are clean, now I have a scar decreased in functionality of my heart as a pump I tire easy I can not perform my activities like before this medication left me a scar in my heart and a stigma in my life.
MarkApril 17, 2011 at 10:48 am
It's was devastating to recalled a night mare incident occurred back in 1986 while the first pill of Darvocet were injested around 10:00 p.m. before bed and at around 3:00 a.m. I was forced by my inner intelligence of strong spirit to refuse death by springing out of bed against the heart arrythemia during deep sleep. The M.D. prescribed Darvocet for my chest pain despite several EKGs tests which[Show More]It's was devastating to recalled a night mare incident occurred back in 1986 while the first pill of Darvocet were injested around 10:00 p.m. before bed and at around 3:00 a.m. I was forced by my inner intelligence of strong spirit to refuse death by springing out of bed against the heart arrythemia during deep sleep. The M.D. prescribed Darvocet for my chest pain despite several EKGs tests which were normal. I was a healthy young man physically and mentally fit at 28, never ever taken any drugs, alcohol, or any type of smoking. I became a Naturopathic Doctor in 1990 and realized that more than 50% of the chest pains originated by the gas pressure from the stomach rise up to the chest area which caused pain and suffering. Sadly, many were misdiagnoised as heart patients. In my case, the pressure were from undigested dairy products, hopefully, this helpful message will reach millions out there relating to chest pains and not become a victim of Medical Mistake.
RayetteApril 11, 2011 at 12:31 am
I just lost my mother sandra burge from a massive heart attack. we were shocked she has been taking darvocet for many years. my father died 2001heart attack he had been on darvocet for many years we are involed in the lawsuit wont bring the back but this is for leaving earth way to early!!!!