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. 

 

In August 2008, the Judicial Panel on Multi-District Litigation granted a petition filed by Plaintiffs to consolidate all federal cases in the Eastern District of Missouri before Judge Rodney W. Sippel. Subsequently, the Supreme Court of New Jersey ordered that all pending and future New Jersey state court actions arising out of the use of the contraceptive NuvaRing were to be designated as a mass tort for centralized case management purposes. Judge Martinotti in Bergen County, New Jersey was assigned to coordinate the pretrial discovery. 

 

Typically, granting MDL and mass tort treatment streamlines the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. Over the course of the last several months, the parties have worked together to select and prepare the initial cases to be tried in both the federal and state courts, which are expected to begin in early to mid 2012. 

 

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring.

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. 

 

On August 16, 2011, the Panel decided that all federal Darvocet and Darvon cases would be consolidated in the Eastern District of Kentucky (Covington Division) and assigned to the Honorable Danny C. Reeves for pretrial proceedings. The granting of multi-district litigation (MDL) treatment will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. Additionally, MDL treatment will provide more convenience for the witnesses, the parties and the court.  

 

In November, 2010, the FDA announced that it was pulling off the U.S. market the prescription painkillers, Darvon and Darvocet, which combines Darvon with the aspirin substitute acetaminophen, because of scientific evidence the drugs can damage the heart, even at recommended doses, or cause fatal cardiac abnormalities.  Studies have shown that the ingredients contained in Darvocet and Darvon have been linked to various forms of severe side effects. Reportedly, these side-effects include: heart arrhythmia, heart attack, suicide, accidental overdose and death. 

 

If you feel you have experienced any side-effects from taking Darvocet, Darvon or generic propoxyphene you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Darvocet or Darvon manufacturers.

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.  The Panel originally met in March 2011, to hear arguments but deferred its decision and scheduled the July 2011, hearing to consider additional information. A granting of MDL treatment would streamline the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. 

 

As we have previously indicated, in November, 2010, the FDA announced that it was pulling off the U.S. market the prescription painkillers, Darvon and Darvocet, which combines Darvon with the aspirin substitute acetaminophen, because of scientific evidence the drugs can damage the heart, even at recommended doses, or cause fatal cardiac abnormalities. 

 

Studies have shown that the ingredients contained in Darvocet and Darvon have been linked to various forms of severe side-effects.  Reportedly, these side-effects include: heart arrhythmia, heart attack, suicide, accidental overdose and death.

 

If you feel you have experienced any side-effects from taking Darvocet, Darvon or generic propoxyphene you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Darvocet or Darvon manufacturers
 

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. 
 

At the conference, the parties were able to agree on various discovery issues, including the form and content of the Plaintiff and Defendant fact sheets as well as the short form Complaint and Answer.The next Case Management Conference has been scheduled for late July 2011.

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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.

On May 23, 2011, the JPML decided that all federal DePuy Pinnacle hip implant lawsuits will be consolidated and centralized in the U.S. District Court for the Northern District of Texas and assigned to Judge James E. Kinkeade. The granting of multi-district litigation (MDL) treatment will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. Additionally, MDL treatment will provide more convenience for the witnesses, the parties and the court. 

If you are experiencing adverse effects from a defective DePuy Pinnacle hip implant, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against DePuy Orthopaedics.

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.

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 (MDL) consider adding the Pinnacle cases to the already pending DePuy ASR MDL, which is centralized in the Northern District Court of Ohio.  In April 2011, DePuy responded to the petition, conceding that the cases should be consolidated for discovery purposes, but suggested the MDL take place in the Northern District of Texas.  The decision is expected to be made when the Panel convenes on May 16, 2011, in Louisville, Kentucky.

Over 30 federal cases have been filed across 18 districts.  Granting MDL treatment will consolidate all federal lawsuits filed across the U.S. into one centralized district.  This consolidation will streamline the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. 

If you are experiencing adverse effects from a defective DePuy Pinnacle hip implant, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against DePuy Orthopaedics.

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. 
 

On April 12, 2011, The Supreme Court of New Jersey Court ordered that all New Jersey cases shall be assigned for centralized case management purposes to Judge Brian R. Martinotti in Bergen County, New Jersey.  As such, any cases filed in New Jersey state court will be transferred to Judge Martinotti to manage discovery. 
 

The initial Case Management Conference with Judge Martinotti is scheduled for May 10, 2011, at which time, counsel is expected to discuss, among other things, the implementation of a discovery plan as well as efforts to coordinate with Judge David A. Katz, who is overseeing the cases in the federal MDL.

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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.
 

On April 11, 2011, the Panel announced that it needed more time to consider the arguments for and against consolidating the federal cases.  A decision is now not expected until after a July 2011, hearing where additional arguments are expected to be made.  The Panel noted that plaintiff, Karen Esposito, who filed the initial motion for consolidation back in December 2010, alleged four actions against defendant, Xanodyne Pharmaceuticals.  However, since Esposito’s filing, there are an additional eighteen (18) alleged actions involving more than a dozen defendants.  These additional defendants have not had an opportunity to comment on whether the cases should be consolidated. 
 

Judge John G. Heyburn II, chairman of the Judicial Panel on Multi-District Litigation advised that, “Consideration of this Section 1407 motion so soon after a handful of actions were filed, where the contours of the litigation are in flux, leaves the Panel with less than ideal information to make the best possible decision. This is a potentially complex case. Our desire to make the most informed possible decision counsels further deliberation.”  In the interim, the Panel has advised that the cases can continue in the transferor courts.
 

If you feel you have experienced any side-effects from taking Darvocet, Darvon or generic propoxyphene you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Darvocet or Darvon manufacturers.

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.

 

Now, with the legal pressure continuing to mount, David Floyd, CEO of DePuy Orthopaedics since 2007, has announced his resignation.  A spokeswoman for DePuy advised that Floyd “made a personal decision to pursue interests outside of DePuy.” 

 

Johnson & Johnson began selling the metal-on-metal devices outside the U.S. in 2003.  The ASR XL was then introduced in the U.S. market in 2005.  However, DePuy did not seek FDA approval for the ASR Resurfacing System until June 2007.  Instead, DePuy relied on a grandfathering process, which did not require clinical trials as long as DePuy was able to demonstrate that the ASR XL was “substantially similar” to the company’s other metal-on-metal devices.

 

According to a recent article in Bloomberg Businessweek (April 4- April 10, 2011), following its introduction to the U.S. market, the FDA received 87 reports of adverse incidents in 2007, which subsequently rose to 239 reports in 2008 and to 426 reports in 2009.  Not until August 2010, did DePuy finally recall the allegedly defective devices.  In March 2011, the British Orthopaedic Association and the British Hip Society reported that preliminary research showed the ASR XL’s failure rate in the U.K. as high as 49% after 6 years.

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.