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Darvon, Darvocet Lawsuits Consolidated

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The U.S. Judicial Panel on Multidistrict Litigation has issued an order that all Darvon, Darvocet and Propoxyphene product liability lawsuits are to be centralized in Eastern District of Kentucky (Covington Division) and assigned to Judge Danny C. Reeves for pretrial proceedings. More than 35 cases have been filed so far, and the Panel expressed concern over the distinct potential that many more cases may be forthcoming.

Plaintiffs allege that Darvon, Darvocet and Propoxyphene caused significant changes in the electrical activity of the heart, causing an increased risk of myocardial infarction, arrhythmias and sudden death. Plaintiffs also allege that the drug makers failed to adequately warn consumers about the increased risks of serious and potentially fatal side effects of the pain killers.

The ruling said that “defendants oppose centralization on the ground that individualized fact issues – concerning primarily causation and product identification – predominate over any common factual issues.  Some defendants also argue that they are named in only a few actions and threshold issues which may be case dispositive will be addressed more quickly if these actions remain in their transferor courts.”

The Panel disagreed with all arguments made by the defendants saying that the “transferee judge can develop a pretrial program that will insure the needs of the respective parties for any unique discovery or individual judicial attention are accommodated concurrently with the common pretrial matters.”

Consolidation will allow a single judge to formulate a pretrial program that prevents duplicative proceedings on common issues and allows pretrial procedures on case specific issues to proceed and ensure that pretrial proceedings promote the just and expeditious resolution of all actions to the overall benefit of the parties.

breakinglawsuitnews.com disclaimer: This article: Darvon, Darvocet Lawsuits Consolidated was posted on Thursday, August 18th, 2011 at 8:12 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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