Two dozen previously dismissed wrongful death claims against Bristol-Myers Squibb are no longer time barred, pursuant to federal toxic tort law. You can read the New Jersey Law Journal’s coverage of the case and the most recent decision here.
As we have previously reported, Nuvaring, manufactured by Organon USA, was initially marketed in the United States in July 2002, after receiving FDA approval in late 2001. However, studies have shown that the ingredients contained in the birth control product NuvaRing may be linked to various forms of severe side-effects such as: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.
As we previously reported, the United States Judicial Panel on Multi-District Litigation (MDL) met in March 2011, in San Diego, CA, to hear arguments regarding whether the Darvocet and Darvon cases should be given MDL treatment. In April 2011, the Panel announced that it needed more time to consider the arguments for and against consolidating the federal cases. As such, the Panel scheduled an additional hearing for July 2011, in San Francisco, CA, to consider further arguments.
The United States Judicial Panel on Multi-District Litigation (MDL) is scheduled to meet on July 28, 2011, in San Francisco, CA to hear further argument on whether all federal Darvocet and Darvon cases should be centralized, pursuant to 28 U.S.C.§ 1407, for coordinated or consolidated pretrial proceedings, and if so, which federal district is the appropriate forum for these proceedings.
On June 1, 2011, Judge Martinotti hosted a joint MDL/State Case Management Conference in Bergen County, New Jersey, along with the Honorable David A. Katz, U.S.D.J., who is presiding over the federal cases in the MDL in Ohio. As previously discussed, centralizing the state and federal cases will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.
As we previously reported, in March 2011, a petition was filed to consolidate all federal DePuy Pinnacle cases in either the Southern District of Texas or the Central District of California. Alternatively, the petition also asked that the United States Judicial Panel on Multi-District Litigation consider adding the Pinnacle cases to the already pending DePuy ASR MDL, which is centralized in the Northern District Court of Ohio. On May 16, 2011, a hearing was held by the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) to consider the consolidation.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has yet to issue a recall for its Pinnacle system. However, similar to the recalled ASR models, there are concerns that the Pinnacle Acetabular Cup System, also a metal-on-metal implant device, might have significant design defects leading to a higher than normal failure rate. DePuy has reportedly sold over 150,000 Pinnacle hip implant systems, largely outselling the ASR models. As of last month, the FDA had received more than 1,300 “adverse events reports” with regard to the Pinnacle system.
As we previously discussed, on December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County. The federal cases have already been consolidated in the Northern District Court of Ohio.
As we previously reported, the United States Judicial Panel on Multi-District Litigation (MDL) met on Wednesday, March 30, 2011, in San Diego, CA, to hear arguments regarding whether the Darvocet and Darvon federal cases should be given MDL treatment. One of the main sources of contention among the parties is where to centralize the cases. The proposed locations include: the Eastern District of New York, the Northern District of Illinois, the Eastern District of Louisiana, the Western District of Louisiana, the Southern District of Ohio and the Eastern District of Kentucky.
As we have previously reported, DePuy Orthopedic, Inc., a subdivision of Johnson & Johnson, Inc., issued a recall in August 2010, for the ASR XL Acetabular System and the ASR Hip Resurfacing System after data suggested that about one out of every eight may fail within only five years. Specifically, the recall targeted individuals who received the implants after July 2003.