Centralization of Plavix Lawsuits Sought in New Jersey State Court

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.