Arguments will be heard by a Judicial Panel on Multidistrict Litigation (JPML) starting March 30, 2011. These arguments will include whether or not all Darvon and Darvocet Lawsuits should be centralized for pretrial litigation before a single federal judge.
The MDL stems from the hundreds of new Darvon Lawsuits that were filed after the United States Food and Drug administration (FDA) called for the recall of drugs that contain propoxyphene, including Darvon and Darvocet. The ban of propoxyphene drugs, which include Darvon and Darvocet, by the FDA was brought on after an independent study done by Xanodyne reveled that that propoxyphene can cause severe heart abnormalities while taking the correct dosage and on a patient with no prior cardiac dysfunctions.
New York resident Kristine Esposito is the first to file for a MDL, Ms. Esposito claims she suffered a near-fatal cardiac arrhythmia after taking Darvocet, and seeks compensation for her resulting losses, including a number of cardiac procedures she underwent. The case has been filed in the location where her lawyers would like the Darvon MDL to occur, the U.S. District Court for the Eastern District of New York. There have been other petitions on where the Darvon MDL should happen, the Eastern District of Louisiana and the Western District of Louisiana have been two districts petitions by other plaintiffs.
Xanodyne Pharmaceuticals is arguing that no MDL take place. Xanodyne is claiming that propoxyphene drugs are available from many generic sources and that the case of patient health will change from case to case making any form of MDL extremely difficult. What Xanodyne Pharmaceuticals is trying to avoid is the consolidation of potentially thousands of smaller lawsuits becoming one or two massive cases that could cost the company, in many expert opinions, billions of dollars. If Xanodyne is unsuccessful in its venture to stop the MDL from proceeding, it has already petitioned that any MDL be held in the Eastern District of Kentucky, where the company head quarters is located.
The JPML that is schedule will give crucial information to all those who have a pending Darvon Lawsuit. We will continue to update you as soon as any information is made available. For more information on any potential Darvon Lawsuit feel free to visit the Darvon Lawsuit main site.
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