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On Wednesday, March 30, the Judicial Panel on Multidistrict Litigation (JPML) will hear arguments about whether all Darvon and Darvocet lawsuits should be centralized for pretrial litigation before a single federal judge.

Last December, the attorneys representing Queens, New York resident Kristine Esposito filed a petition requesting multi district litigation (MDL) for all federal lawsuits related to the recalled drug propoxyphene, the main active ingredient in a number of popular painkillers, including Darvon and Darvocet. Esposito claims to have suffered a near-fatal cardiac arrhythmia after taking Darvocet, and seeks compensation for her resulting losses, including a number of cardiac procedures she underwent. Her case was filed in the U.S. District Court for the Eastern District of New York, which is also where her attorneys are proposing that the Darvocet multidistrict litigation take place. Since Esposito’s MDL request was entered, two other Darvocet plaintiffs have proposed that MDL be held in either the Eastern District of Louisiana or the Western District of Louisiana.

MDL is a mechanism that allows the pretrial litigation of a number of similar cases to be consolidated before a single judge, with the intended results of avoiding inconsistent rulings and discovery and conserving the resources of the parties involved. Product liability cases are often good candidates for MDL because they involve a large number of plaintiffs similarly injured by a particular product. But Xanodyne Pharmaceuticals, Inc., the company that distributes Darvon and Darvocet and has been targeted in a number of lawsuits, argues that Darvon/Darvocet MDL is not appropriate due to the availability of numerous forms of generic propoxyphene and the importance of individual claimants’ health.

The Food and Drug Administration (FDA) ordered a market-wide withdrawal of all propoxyphene products last November after a Xanodyne clinical study revealed the drug’s potential to disturb cardiac electrical activity. Since that time, many people have taken legal action against propoxyphene manufacturers, accusing the companies of failing to adequately research the drug’s health risks and provide warnings of its side effects. Esposito’s was one of the first claims to be filed, and some attorneys are predicting that thousands of cases, and billions of dollars in settlements, could eventually arise. If Xanodyne is unable to convince the JPML that Darvocet MDL is not proper, it at least hopes to have the centralized litigation take place in the Eastern District of Kentucky, where the company is headquartered.

The moment that a decision is reached concerning Darvocet lawsuits consolidation, the Rottenstein Law Group will provide details of the results. RLG is currently evaluating claims by those who believe that Darvon, Darvocet, or another product containing propoxyphene caused them to suffer a heart attack, stroke, arrhythmia, or other cardiac injury. RLG’s attorneys have been assisting clients with product liability claims for more than 25 years, ensuring that those injured through no fault of their own are fairly compensated.

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