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Plaintiffs Request Remand of Thousands of Seroquel Lawsuits for Trial

  • Written by: Staff Writers
  • 4 Comments

Thousands of plaintiffs who have Seroquel lawsuits pending in the federal Multidistrict Litigation (MDL) are calling for their cases be remanded back to District Courts throughout the country for individual trials.

All federal lawsuits over Seroquel, which involve claims that AstraZeneca failed to adequately warn about the risk of diabetes and other health problems linked to their atypical antipsychotic, have been consolidated for pretrial litigation before U.S. District Judge Anne Conway in the Middle District of Florida. Since 2008, cases from across the United States have been transferred to Judge Conway to avoid duplicative discovery on issues common to all cases, eliminate conflicting pretrial rulings and to serve the convenience of the witnesses, the parties and the courts.

Plaintiffs who have cases that were filed outside of the 11th Circuit, where the Middle District of Florida is situated, indicate that the MDL Court’s work is now complete and that the cases are ready to return back to the federal districts where they were originally filed for trial preparation.

In recent months, the Judicial Panel on Multidistrict Litigation, which decides whether cases should be transferred to a pending MDL, has denied the transfer of nearly 1,000 cases filed in the Northern District of California after recognizing that the Seroquel MDL has “reached an advanced stage.”

In a motion filed April 20, Plaintiffs whose cases are on hold in the MDL point out if their claims are not remanded, they may reach trial substantially later than these recently filed cases, as well as future case filings in courts throughout the country.

Although AstraZeneca has maintained their intention to defend against the 26,000 lawsuits over the side effects of Seroquel that have been filed to date, the drug maker has opposed remand of claims for individual trials spread out throughout the country. Plaintiffs point out that “AstraZeneca has spent over $1 billion (in legal costs) in large part facilitating the defense strategy of delay.”

In November 2009, Judge Conway ordered both sides to meet with a mediator to see if there is any possibility for a Seroquel settlement, indicating that she would ask the Judicial Panel on Multidistrict Litigation to remand cases for individual trials if a resolution for the claims could not be reached.

In their motion, Plaintiffs reminded the Court of AstraZeneca’s previously stated position that cases filed in the MDL are not “cases we would ever consider settling.” Plaintiffs also point out that there is no reason to assume that remanded cases cannot participate in any continuing alternative dispute resolution (ADR), and that justice would not be served by making these plaintiffs wait just because later ADR might produce a settlement.

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4 comments

  1. David Reply

    I only recently heard about this Seroquel lawsuit. The attorney that I contacted online stated that he was no longer accpeting new clients. Where does that leave me or others who have been blown off by their physicians for years about the side effects of this drug?? MY Dr. wants to continue to talk in circles and ignore my complaints and or issues about this matter. I am switching Doctors but that still doesn’t change what it has done to me.

  2. Patricia Reply

    I think the public should know that in jails all across America the inmates are given Seroquel like it is candy. Inmates coming into county jails are often coming off drugs and feel a normal heightened sense of depression and anxiety. They go to the on-duty psychriatrist and complain about not being able sleep, depression, etc. and are prescribed this drug sometimes without a good physical check up. It is no wonder that many of them come out of jails and prisons more pschotic than when first entering the system. Someone needs to look into this. I promise you. it won’ matter what state or city you are in in the U.S. It is a quick fix, “magic” pill and making a burned out prison pshychiatrist money in his pocket! And the distributers filthy rich at the expense of many unknowing “patients”.

  3. ARTHUR Reply

    weight gains,high cholestrol levels,severe headaches,and occasionally will stop breathing durin sleep after taking seroquel.

  4. MR.T.L.C. Reply

    THE WAY I SEE IT ALL ON ALL THE LAWSUITS BY PLANTIFFS HERE IN THE USA ON HARMFUL PRESCRIPTION DRUGS THE ONES THAT HAVE BEEN WON OR MAY BE EVEN THROWN OUT OF COURT. OR EVEN REMAND TO GO BACK IN THE COURTS FOR TRIAL IN 2010. IF DRUG COMPANIES ARE SPENDING BILLIONS OF DOLLARS TO SAY NO THIS DRUG DOES NOT CAUSE DIABETIES, NO THIS DRUG DOESNT CAUSE SUE REE SIDE THOUGHTS, OR HEART PROBLEMS. IF THE DRUG COMPANIES HAVE BILLIONS OF DOLLARS TO SPEND TO SAY NO THEIR DRUG IS A DRUG THAT DOES NO HARM EXCEPT FOR JUST WHAT ITS FOR MENTAL HEALTH THEIR DRUG DOES IT ALL NO SIDE EFFECTS OF ANY KIND. TO ME WHO/S LIEING TO WHO NOW. ALL DRUGS HAVE SIDE EFFECTS. PILLS THAT CURE YOUR HEART SIDE EFFECTS LIVER PROBLEMS. PILL THATS CURE PENIS PROBLEMS AND SIDE EFFECTS BLINDNESS & HEARING LOSS, PILLS THAT CURE YOUR NUMBNESS AND HAS SIDE EFFECTS THAT MAY EVEN WANT TO TAKE ONES LIFE. THE WAY I SEE ALL THESE PRESCRIPTION DRUGS HARMFUL OR NOT SO HARMFUL THERE ARE ALL KINDS OF RISK TAKING ANY FORM OF PILLS, SO JUST REMEMBER PEOPLE WHAT PILLS CAN DO CURE YOUR MIND AND GIVE YOU DIABETIES, OR CURE YOUR HEART AND GIVE YOU A MORE HARMFUL SIDE EFFECT FROM TAKING PRESCRIPTION DRUGS. SO I SAY DRUG COMPANIES THE BILLIONS OF DOLLARS YOU ARE SPENDING TO JUST FIND OUT YOUR PILLS YOU ARE MAKING FOR THE CONSUMER DO HAVE SIDE EFFECTS HARMFUL AND NOT SO HARMFUL WILL ALWAYS BE THAT WAY TIL THE END OF TIME. SO TAKE THE BILLIONS THAT YOU ARE SPENDING IN THE COURTS JUST TO SAY NO MY PILL IM MAKING HAS NO BAD SIDE EFFECTS WETHER IT DOES OR DOESNT HAVE BAD SIDE EFFECTS. THE PEOPLE OR THE PLANTIFFS ARE THE ONES THAT CAN HONESTLY SAY YES THEY DO HAVE SIDE EFECTS AND I HAVE PROFF THAT IT CAUSED DIABETIES OR HEARING LOSS OR BLEEDING IN BEHIND MY EYES OR WHAT EVER KIND OF SIDE EFFECT YOUR PILL HAS CAUSED TO THE CONSUMER. WORD DRUG COMPANIES PLEASE TAKE THE BILLIONS YOU ARE SPENDING PAY THE PLANTIFFS, AND QUIT PAYING THE COURTS BILLIONS OF DOLLARS JUST TO FIND OUT YOUR PILL IS THE GREATEST DRUG FOR ALL YOUR CURES HEATH PROBLEMS. JUST TO FINE OUT IT DOES AND WILL ALWAYS HAVE HARMFUL SIDE EFFECTS WETHER YOUR DRUG COMPANY BELEIFS IT OR NOT. SO TAKE CARE OF THE PEOPLE FIRST OT PLANTIFFS IN THE COURT ROOMS. REMEMBER THE CONSUMER IS ALWAYS RIGHT EVEN IF IT ENDS UP IN COURT JUST TO PROVE ONES WRONG. IM DONE TYPING TO? TODAYS DATE 06/02/2010 – TIME NOW 6:44/PM – EST – USA – W.Va.

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