Darvocet Lawsuits Await Multidistrict Litigation Decision

Soon, an increasing number of lawsuits may be centralized under multidistrict litigation, a legal proceeding with some similarities to class action. Almost three months after the FDA issued a ban on Darvocet, the controversial prescription painkiller, a rising number of claims are pressing the court system for the formation of a Darvocet class action lawsuit.
Though currently there are fewer than a dozen Darvocet lawsuits that have been filed in state or federal courts, Darvocet attorneys predict that plaintiffs will soon number more than a thousand. These expected thousands of cases may then be consolidated under multidistrict litigation (MDL), a legal process that would in several ways be similar to a Darvocet class action lawsuit.
Kristin Esposito was one of the first plaintiffs to file a Darvocet lawsuit, and in December 2010 she also filed a motion requesting multidistrict litigation for all plaintiffs who file a Darvocet lawsuit in a federal court. Her request has since been ratified by two other plaintiffs, and is pending a decision by the Judicial Panel on Multidistrict Litigation. The next meeting date for this panel, and the earliest date a decision could be made, is March 30, 2011.
The defendant in these lawsuits is Xanodyne Pharmaceuticals, the manufacturer of both Darvocet (propoxyphene with acetaminophen) and Darvon (propoxyphene). Xanodyne is fighting the request for MDL for these Darvon and Darvocet lawsuits. According to the manufacturer, most of the Darvocet lawsuits do not have enough common traits to qualify for centralization under a single court. In addition, the defendant asserts, some of the plaintiffs consumed generic propoxyphene-based medications that were not produced by Xanodyne.
Furthermore, Xanodyne is also in opposition to the specific court and judge requested by Esposito for the proposed MDL. Esposito asked that the MDL be centralized in the U.S. District Court for the Eastern District of New York, under the control of Judge Jack B. Weinstein. But Xanodyne argues that if the Judicial Panel on MDL does approve her request, the lawsuits then ought to be consolidated in the Eastern District of Kentucky. This is home to Xanodyne headquarters, as well as the place where the bulk of evidence and witnesses reside.
If the Judicial Panel on MDL grants Esposito’s request, that means future Darvocet lawsuits that are filed in a federal court will be immediately sent to the presiding judge in charge of the MDL consolidation. MDL differs from class action in that each individual lawsuit retains its independent status once multidistrict litigation has concluded. MDL includes such pretrial proceedings as gathering evidence and hearing witness testimony, all of which is controlled by a single judge. Once this is over, each claim is sent back to the district where is was first filed.
The FDA approved propoxyphene in 1957, and since that time more than 22 million people have consumed Darvocet and other medications that include propoxyphene. Estimates place the number of Americans killed by this drug in the thousands over the past five years alone. Thousands of victims more have been left with severe, permanent heart conditions.
If you have used Darvocet or Darvon and suffered from side effects, stop taking the drug immediately and speak to a qualified Darvocet lawyer as soon as possible.