MDL Panel To Consider Centralization of Darvocet Litigation Next Week
On Wednesday, a panel of federal judges will hear oral arguments over whether to consolidate a growing number of Darvocet lawsuits and Darvon lawsuits that have been filed over heart problems allegedly caused by the recalled pain medications.
The U.S. Judicial Panel on Multidistrict Litigation will decide whether to consolidate and centralize the Darvon and Darvocet recall litigation before one court for pre-trial proceedings.
When plaintiffs first requested the consolidation in December, there were only four cases that had been filed in various federal district courts throughout the United States. Since that time, several new lawsuits over Darvocet heart problems have been filed and some Darvocet lawyers expect that thousands are cases are likely to ultimately be filed by former users diagnosed with a heart arrythmia or sudden heart-related death from side effects of the medication.
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Learn MoreA Darvon and Darvocet recall was issued on November 19, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities.
In December, one of the first plaintiffs to bring a claim, Kristine Esposito, filed a Motion with the U.S. Judicial Panel on Multidistrict Litigation seeking to have the Darvon and Darvocet litigation centralized before one judge for pretrial proceedings in the U.S. District Court for the Eastern District of New York. Two other plaintiffs have filed briefs in support of consolidation, but suggesting that the cases be consolidated in either the Eastern District of Louisiana or Western District of Louisiana.
The plaintiffs seek to have the cases consolidated since all of the Darvon and Darvocet suits contain similar allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.
Known as an MDL, or multidistrict litigation, such centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicative discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.
Xanodyne Pharmaceuticals, the manufacturer of the name-brand versions of Darvon and Darvocet, has opposed consolidation of the litigation, arguing that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. In addition, the company points out that many of the cases involve the use of generic Darvocet or Darvon, which is available from a number of different drug makers.
In the event that the MDL Panel determines consolidation is appropriate in the litigation over Darvocet and Darvon, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, which is where the drug maker is headquartered. They argue that the majority of witnesses and documents are located in close proximity to that court, and it is an easily accessible and centrally located district.
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6 Comments
STEVENMarch 3, 2017 at 9:27 pm
my heart is very weak and i believe i had minor stroke after a few years use of darvoct.pai killer ,is there still a case.??
maryJuly 10, 2014 at 1:15 am
I took Darvocet from the late 80's until 20005. My heart doctor said I have a valve leak . I take four different kind of blood pressure pills in the morning and two at night. On my medical records they have congestive heart failure.
torreyApril 26, 2013 at 3:31 am
I took darvacet for a tootheace no more than 7times and now my Hart races'and beats irregularly.my father passed away Dec.23 08 from darvacet 'he had no Hartroblems at all.
lucky nicholsApril 23, 2012 at 8:47 am
Mike: based on Pam's reply you came to this conclusion? How do you know she's had plenty of problems before? She stated she was given darvocet after an accident in 2000. No warnings were placed on the drug at that time. She knew something was wrong and she had testings. Hopefully she will have a long life in spite of her problems. She did not mention she was not working or was not insured, so how [Show More]Mike: based on Pam's reply you came to this conclusion? How do you know she's had plenty of problems before? She stated she was given darvocet after an accident in 2000. No warnings were placed on the drug at that time. She knew something was wrong and she had testings. Hopefully she will have a long life in spite of her problems. She did not mention she was not working or was not insured, so how do you know she will cast economic burdens on "us" before her demise? Maybe she is just placing the time of her accident and the onset of her heart problems based on the awareness of the new drug warnings. Are you positive you will never become an economis burden to others? I 've known several financially stable individuals who died broke due to an illness, which resulted in required assistance.
MikeApril 8, 2011 at 3:53 pm
PAM: You had plenty of problems before 2000, as evidenced by your rejection of any responsibility for your circumstances. Sadly, you are llkely die with those problems, but not after casting a heavy economic burden upon the rest of us.
PAMMarch 25, 2011 at 6:16 pm
I was injured in an automobile accident in the year 2000 and was given darvocet have heart problems ever since. I have had multiple EKG because of how I feel never had any problems with my heart before I took the darvocet