Wednesday, April 27, 2011

Multidistrict Litigation Decision in Darvocet Case Delayed

Although there are many Darvocet cases being filed in courts across the country and the number of lawsuits has the potential to grow, the Judicial Panel on Multidistrict Litigation has postponed its ruling on whether or not to consolidate Darvocet cases in multidistrict litigation until at least July. They cited the reason for this postponement as a desire to make an informed decision while taking into account the complexities of the case.
The postponement was announced on the 11th of April after the Judicial Panel on Multidistrict Litigation had been discussing the issue since March 30th. Multidistrict litigation would consolidate Darvocet cases and speed the litigation process.
There are 18 plaintiffs who have filed lawsuits against Xanodyne Pharmaceuticals and makers of generic propoxyphene, the active ingredient in Darvocet and the similar Darvon. The medication was recalled last November due to cardiac side effects, which were fatal in some cases. There may be more than 30 Darvocet lawsuits altogether in courts across the country, and the majority of plaintiffs would favor a decision for multidistrict litigation. This would help plaintiffs reach a settlement more quickly with the company and the compensation would help them pay off expenses related to the side effect, including medical bills.
The Judicial Panel on Multidistrict Litigation must also find an appropriate venue in which to combine the lawsuits – plaintiffs have requested courts in New York, Louisiana, Illinois, and Ohio, and Xanodyne has proposed the Eastern District of Kentucky, where Xanodyne has its headquarters. The vast majority of the defendants, including makers of Darvocet and generic equivalents, have not yet been given the opportunity to give their input on the possibility of multidistrict litigation. This, too, is a reason for postponing the decision to consolidate or not.
A decision on a Darvocet multidistrict litigation case could come as early as late July.

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