As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.
There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.
The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.
There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.
All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.
A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.
Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.
Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.
Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.
Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-717-1772. If you or a loved one has been injured from Darvon, Darvocet and Propoxyphene, please fill out our contact card for a free consultation.