Darvocet, Darvon and Propoxyphene Products Liability Update
On August 16, 2011, the United States Judicial Panel on Multidistrict Litigation “MDL Panel” created a new multidistrict litigation (“MDL”) for Darvocet, Darvon, and Propoxyphene products liability cases, finding that centralization of these cases is appropriate under 28 U.S.C. § 1407. The MDL Panel decided to centralize the cases in the Eastern District of Kentucky (Covington Division). With the consent of that court, the cases will be assigned to Judge Danny C. Reeves. Accordingly, the MDL Panel ordered transfer of the seventeen actions before it for consideration to the Eastern District of Kentucky (Covington Division).
Defendant drug manufacturers and pharmaceutical companies opposed centralization of the cases. However, the Panel sided with the plaintiffs, who argued for centralization on the grounds that all of these cases share complex questions of fact concerning the safety of Darvocet, Darvon and Propoxyphene. According to the Panel, the cases share factual issues as to 1) whether Darvocet, Darvon, and other medications containing Propoxyphene were defectively designed and marketed, 2) which defendants manufactured, licensed, or sold Propoxyphene products during various times, and 3) whether defendants knew or should have known of the increased risk of cardiovascular injuries with these medications and failed to provide adequate warnings of them.
The MDL concerns cardiovascular injuries associated with Darvocet, Darvon and other medications containing Propoxyphene. However, the MDL Panel left open the question of what particular cardiovascular-related injuries are or are not appropriate for inclusion in this MDL.
Darvocet, Darvon, and Propoxyphene products were removed from the U.S. market in December 2010 because the risk of cardiac complications and deaths related to the drugs outweighed the benefits that the drugs afforded for pain relief. Since then, about thirty-five cases have been filed against the companies responsible for manufacturing the drugs. Many more cases are expected to be filed in the future.
