Plavix Class Action Lawsuit-Like Consolidation Denied in Federal Court
A panel of federal judges has rejected an attempt by Bristol-Myers Squibb and Sanofi-Aventis to consolidate all Plavix lawsuits pending in various federal district courts as part of an MDL, or multi-district litigation, where they would have been managed in a manner similar to a Plavix class action lawsuit during pretrial litigation and discovery.
Plavix lawyers representing plaintiffs who are pursuing injury lawsuits in federal court opposed the formation of an MDL, as it would have consolidated newer cases with older cases that have been pending for years.
There are currently only 12 Plavix cases pending in federal district courts, as most cases are being pursued in various state court systems. Of the federal lawsuits, ten of those cases are already pending before one judge in the District of New Jersey. Those 10 lawsuits were filed more than five years ago (between 2006 and 2007), and are already proceeding through the discovery process, with more than 3.5 million documents exchanged and depositions of most plaintiffs already completed.
Although Saiontz & Kirk, P.A. and other plaintiffs’ attorneys often support consolidation of complex pharmaceutical litigation as part of an MDL, where there will be coordinated handling and management during pretrial proceedings, such centralization was not appropriate in the Plavix litigation.
As part of an MDL, all of the lawsuits over Plavix filed in various federal district courts would be transferred to one judge, regardless of when they were filed or where the case was in the discovery process.
Many people equate an MDL with a Plavix class action, but the cases actually would have remained individual complaints, regardless of consolidation. If a Plavix settlement or other resolution was not reached during pretrial proceedings, the cases would be remanded back to the court where they were originally filed for separate trials. However, the coordination of discovery would have caused unreasonable delay in this particular litigation given the different stages of the discovery process the cases are in.
Since 2006, the lawyers of Saiontz & Kirk, P.A. have been reviewing potential lawsuits for Plavix users throughout the United States who have suffered serious and potentially fatal injuries as a result of taking this blood thinner. However, we are continuing to review and evaluate potential new cases.
If you, a friend or family member have taken Plavix and suffered a heart attack, stroke, internal bleeding, ulcers, TTP or death, request a free consultation and claim evaluation. All cases are taken on a contingency fee basis, meaning there are no fees unless a recovery is obtained.