Thousands of Seroquel Lawsuits Should Be Remanded for Trial: Judge
A federal judge has indicated that thousands of federal lawsuits over Seroquel, which involve claims that the atypical antipsychotic caused plaintiffs to develop diabetes and other injuries, should be sent back to district courts throughout the United States for individual trials.
Since July 2006, all Seroquel lawsuits filed in federal courts throughout the United States have been consolidated for pretrial litigation before U.S. District Judge Anne Conway in the Middle District of Florida as part of a multidistrict litigation (MDL). There are currently approximately 6,300 plaintiff lawsuits against Seroquel pending in the MDL, with all of the cases involving similar claims that AstraZenca failed to adequately warn about the risk of diabetes and other health problems from Seroquel.
The MDL was established to avoid duplicative discovery on issues common to all cases, to eliminate conflicting pretrial rulings by different judges throughout the country and to serve the convenience of the witnesses, the parties and the courts. However, Judge Conway has determined that there is nothing left to be gained by continuing to have the cases consolidated in her court, and has recommended that the lawsuits be remanded back to their original district courts for further case-specific proceedings.
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Learn More“The Court finds that these cases will no longer benefit from centralized proceedings; all common discovery and other coordinated pretrial proceedings are complete, and the remaining case-specific issues are best left to the transferor courts to decide,” wrote Judge Conway in a Final Pretrial Order and Suggestion of Remand issued May 13, 2010.
In addition to the federal Seroquel cases pending as part of the MDL, there are about 22,000 claims pending in state courts in Delaware, New Jersey and elsewhere. There are also about 1,000 federal lawsuits filed in the Northern District of California that the Judicial Panel on Multidistrict Litigation declined to transfer into the Seroquel MDL several months ago because the litigation had already reached “an advanced stage.”
AstraZeneca has opposed the remand of the cases, which will increase the pressure on the drug maker as individual proceedings move forward simultaneously in thousands of cases spread across the United States. However, Plaintiffs have been pushing for the cases to move forward, indicating that drug maker has stated they intend to defend the cases at trial and the work of the MDL has been complete for several months. In a motion filed April 20 urging Judge Conway to remand the Seroquel cases, plaintiffs pointed 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. However, plaintiffs argued that there was no reason to delay the remand while alternative dispute resolution (ADR) continues, as justice would not be served by making plaintiffs wait just because later ADR may produce a settlement.
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10 Comments
pamelaDecember 14, 2010 at 5:27 pm
I had a normal heathy 7 year old son who had ADHD and some BiPolar problems. he was in the hospital for evaluation as to his emotional issues and the hospital gave him seroquel. within days my son was a vegitable. he now has tardive dyskinesa and a cyst in his brain in the pineal gland that controls sleep, which i have since read is common for this drug to have that side effect. It also states[Show More]I had a normal heathy 7 year old son who had ADHD and some BiPolar problems. he was in the hospital for evaluation as to his emotional issues and the hospital gave him seroquel. within days my son was a vegitable. he now has tardive dyskinesa and a cyst in his brain in the pineal gland that controls sleep, which i have since read is common for this drug to have that side effect. It also states that with what my son has also includes a lower life expectency. Two months ago i had a little boy laughing and playing in our house and now have a little boy who cant even put his shoes on and begins to cry. i was hit by a drunk driver 2 years ago and it is very hard for me to care for him. Plus my son is adopted and was our foster child for 3 years, from birth to age 3 he was homeless, didnt really know how to talk didnt know what a tolliet was and lived in a cardboard box in the desert, his biomom lost 7 children due to her drug use that she refused help for. what life has done to this little boy is so hidious i still cry thinking what he went threw and now this. he will never have any kind of life ever again, i have to spoon feed him and help him potty etc.......he needs help please.
ErnestAugust 25, 2010 at 10:25 pm
I have been on Seroquel ffrom the late 80' until around 2008-9 and have been to hell and back. I f anyone can help me with an attorney i thankyou much. I have Diabeaties, HBP, high colestorol, an A1C of 14, Diabeties Neiropathy and RLS. I ws told I am told by my doctor that I am a walking heart attack awaiting and a primary canidate for a massige stroke, PLEASE HELP. I am a single parent of and 14[Show More]I have been on Seroquel ffrom the late 80' until around 2008-9 and have been to hell and back. I f anyone can help me with an attorney i thankyou much. I have Diabeaties, HBP, high colestorol, an A1C of 14, Diabeties Neiropathy and RLS. I ws told I am told by my doctor that I am a walking heart attack awaiting and a primary canidate for a massige stroke, PLEASE HELP. I am a single parent of and 14 year o;d daughter and a 10 year old son. I tell you the company that did this to me do not care.
Tim R.August 21, 2010 at 9:22 pm
I need to make a change in my preceeding comment. I started taking Seroquel in August 1999, (not 2009) needed to clarify this.
Tim R.August 21, 2010 at 9:15 pm
I was prescribed Seroquel (300 mgs. at bedtime) in August of 2009, for ptsd, so to be able to sleep through the night. It always seemed I was more tired in the morning, like having a "hangover", which greatly slowed me down during the day. A year later I was dignosed with Diabetes, and Diabetic Neuropathy. It's been hell on earth for me for the last ten years, wondering if I will awake in the mor[Show More]I was prescribed Seroquel (300 mgs. at bedtime) in August of 2009, for ptsd, so to be able to sleep through the night. It always seemed I was more tired in the morning, like having a "hangover", which greatly slowed me down during the day. A year later I was dignosed with Diabetes, and Diabetic Neuropathy. It's been hell on earth for me for the last ten years, wondering if I will awake in the morning. I also suffer from 'Restless Leg Syndrome" and difficulty swallowing. In November 2006, I was without the drug for ten days, due to a glitch with the V.A., I became totally Psychotic, and got into a lot of trouble wlth the Law. I was arrested, and spent 60 days in jail. I was 56 years old at the time, and had never been in any type of trouble in my whole life, so be careful not to stop taking Seroquel abruptly. I stopped taking Seroquel in May 2007, while incarcerated, and it was hell to say the least, but at least I was in a controlled environment. It really does'nt matter though as the damage has already been done. From what I understand, AZ is going to come to terms on about 17,500 cases, for around $192,000,000, this comes out to about $10,000 per person. WHAT A JOKE!!. AZ has raked in about 6 Billion dollars in the last 3 years on this poison, and their stoks, have remained the same, if not better. They are not going to lose anything in this deal.My Attorney was glad I was able to get off the stuff, as she said it would look better for me in the long run. At this point though, I am lucky if I get 4 hours sleep at night, which is usually disturbed. I bet none of AZ executives are missing any sleep over this. Am awaiting to hear more on this matter from my Attorny.
PJJuly 7, 2010 at 8:48 pm
My husband, a disabled marine, was placed on seroquel, and other anti-psychotics medication at the VA hospital in PHX,AZ. He does NOT suffer from PTSD, alcoholism, or drug addiction. He went into acute respiratory distress, and life support was next. By the grace of God he is alive and home. We are never going to the VA hospital again. The dangers and risk of acute respiratory distress, must a[Show More]My husband, a disabled marine, was placed on seroquel, and other anti-psychotics medication at the VA hospital in PHX,AZ. He does NOT suffer from PTSD, alcoholism, or drug addiction. He went into acute respiratory distress, and life support was next. By the grace of God he is alive and home. We are never going to the VA hospital again. The dangers and risk of acute respiratory distress, must also be considered.
desireaJuly 1, 2010 at 2:33 am
Seroquel caused the diabetes that took my moms life in 2006. Money will never replace her and it won't stop the pain I feel. I think not only should AZ pay but they should admit what they and appologize. I mean my gosh they took her from me forever! I will never see her again and my son will never know his mamaw. I also look at it as they took my dad too, because he died of a broken heart less tha[Show More]Seroquel caused the diabetes that took my moms life in 2006. Money will never replace her and it won't stop the pain I feel. I think not only should AZ pay but they should admit what they and appologize. I mean my gosh they took her from me forever! I will never see her again and my son will never know his mamaw. I also look at it as they took my dad too, because he died of a broken heart less than a year later. My dad cried for her everyday until he died. So not only will my son never know his mamaw but he will never his papaw either. All thanks to Astra Zeneca!
MaryJune 15, 2010 at 2:05 am
I was prescribed seroquel for anxiety and depression back in July, 2002, within 5 months, I was diagnosed with diabetes and gained at least 20 lbs. There is no history of diabetes in my family. I'm sorry I ever bothered with seroquel. All I can do now is hope and pray that justice will be served.
JaniceMay 30, 2010 at 3:54 am
My fiance "finally" went in to get help for his bi-polar in 2006 and now, because he has been diagnosed with diabetes (he takes pills & shots daily), and gained "150" pounds, (this drug gives you the "munchies", he has more things to cause him to worry and fear. AZ should take this drug off of the market and pay off these people whose lives have been incredibly altered and shortened thanks to[Show More]My fiance "finally" went in to get help for his bi-polar in 2006 and now, because he has been diagnosed with diabetes (he takes pills & shots daily), and gained "150" pounds, (this drug gives you the "munchies", he has more things to cause him to worry and fear. AZ should take this drug off of the market and pay off these people whose lives have been incredibly altered and shortened thanks to AZ's lies and deceit.
brandiMay 26, 2010 at 5:54 am
i am commenting on my 28 year old's status with her lawsuit over Serequel,causing diebeties.She hasn't heard anything in 2-3 years and no money has come her way at all
BarbaraMay 25, 2010 at 4:45 am
My doctor prescribed Seroquel for me in 2004. Within four months I was diagonosed with diabetes. It has been six long years dealing with a desease that has no cure. The results of it is a heavy burden of trying to eat the right foods and try not to get high or low blood sugars. Always knowing you cannot ever eat foods that you like and portions that are very small. And there is always the knowled[Show More]My doctor prescribed Seroquel for me in 2004. Within four months I was diagonosed with diabetes. It has been six long years dealing with a desease that has no cure. The results of it is a heavy burden of trying to eat the right foods and try not to get high or low blood sugars. Always knowing you cannot ever eat foods that you like and portions that are very small. And there is always the knowledge that some terrible thing will eventually happen to you...eye sight loss, kidney failure, liver problems go to sleep and maybe go into a comma and never come out..Always having to have someone check on you every morning to make sure you made it through the night. This has been my worst night mare. AstraZeneca should be made by the courts to pay every person who is going through this terrible ordeal. Money cannot restore your health but they should pay for what they have done to each one of us. Six years is long enough, I say PAY NOW!!!