Digoxin Lawsuit Consolidation in West Virginia

Austin Kirk

By Austin Kirk
Posted August 19, 2008


Last week the United States Judicial Panel on Multidistrict Litigation ordered that any individual Digoxin lawsuit filed as a result of the April 2008 Digitek recall should be transferred to the Southern District of West Virginia. All cases will be consolidated for pretrial litigation and discovery before Judge Joseph R. Goodwin.

The lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who have suffered a digoxin overdose as a result of defective and over strength Digitek tablets. In April 2008, Actavis Totowa LLC recalled all lots of their Digitek (generic digoxin) after manufacturing problems at their New Jersey plant allowed tablets to be sold which were twice as thick as they were supposed to be.

About 60 people have already filed digoxin lawsuits as a result of the defective Digitek tablets, and hundreds of other cases are being investigated for filing in the near future by lawyers throughout the country. Exposure to double strength Digitek tablets substantially increases the risk of digoxin overdose, also known as digitalis toxicity. This occurs when the active ingredient in Digitek builds up in the body, potentially causing sympsoms such as vomitting, diarrhea, vision changes, breathing difficulties or death.

The court ordered the Digitek lawsuit consolidation through a federal procedure known as Multidistrict Litigation, or MDL. Every digoxin lawsuit filed in Federal court as a result of the Digitek recall will be transferred to Judge Goodwin to eliminate duplicate discovery and deposition across hundreds, or potentially thousands, of cases. In addition, this will avoid the risk of inconsistent pretrial rulings on common factual or legal issues which could occur if the cases were maintained in the original courts where they were filed.

Although an MDL has many traits similar to a digoxin class action lawsuit, the cases do remain individual claims and there is no class representative representing all plaintiffs. Rather, each case remains an individual lawsuit, with individual burdens of proof. If the consolidated digoxin litigation does not resolve or settle during pretrial proceedings, the cases will be sent back to the courts where they were filed for trial.


The Digitek lawyers at Saiontz & Kirk, P.A. are evaluating potential digoxin overdose lawsuits for individuals who have experienced severe illness or death since 2006. If you, a friend or family member have suffered problems which may be related to double strength Digitek, request a free consultation and digoxin lawsuit evaluation.

1 Comment • Add Your Comments

  • janice says:

    what if friend is not showing signs of digoxin overdose because i am uncertain of what signs to be aware of.

    Posted on September 1, 2008 at 10:56 pm

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