Contact A Lawyer
Have A Potential Case Reviewed By An Attorney
During an initial status conference last week in the recently established Elmiron litigation, more than 60 plaintiff attorneys representing individuals who have suffered a vision injury participated virtually through Zoom, suggesting that a large number of cases are likely to be filed in the coming weeks and months.
Elmiron (pentosan polysulfate sodium or PPS) is a prescription medication that has been on the market since 1996, as a treatment for the painful bladder condition known as interstitial cystitis. However, over the past year, the drug makers have faced a growing number of product liability lawsuits brought by former users left with a form of retina damage known as pigmentary maculopathy from Elmiron, which can cause difficulty adapting in dark light, spots or floaters in the vision, as well as blindness.
Since each of the claims raise similar questions of fact and law, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established consolidated pretrial proceedings last month in the federal court system, centralizing claims filed nationwide before U.S. District Judge Brian R. Martinotti in the District of New Jersey.
At the time the multidistrict litigation (MDL) was established, there were about 100 cases pending in U.S. District Courts nationwide. However, as Elmiron injury lawyers continue to investigate and file potential claims, it is widely expected that several thousand cases will ultimately be included in the litigation.
According to minutes (PDF) from an initial status conference held by Judge Martinotti on January 8, at least 61 plaintiffs’ attorneys and 10 attorneys for the drug maker participate over Zoom.
As part of the coordinated pretrial proceedings, Judge Martinotti is expected to select a small group of Elmiron lawyers to serve in various leadership positions, taking actions that benefit all plaintiffs during discovery, hearings and a series of early bellwether trials that will be scheduled to help gauge how juries are likely to respond to the evidence and testimony that will be repeated throughout the litigation.
Following the completion of discovery and any test trials held in the MDL, if the parties fail to reach Elmiron settlements or another resolution for the litigation, each of the claims may later be remanded back to U.S. District Courts nationwide for individual trial dates.