Darvocet Lawsuit in California Alleges Serious Side Effects
On December 5, 2011, a Darvon and Darvocet lawsuit, Freitas Et Al. v. McKesson Corporation Et Al., was removed from the Superior Court of the State of California and transferred to U.S. District Court in the Northern District of California (San Francisco). The plaintiffs allege that the defendants, including the drug’s manufacturer, failed to adequately warn the public of Darvocet side effects, including Darvocet and Darvon heart problems.
Darvocet side effects include death
Both Darvocet and Darvon are brand names for dextropropoxyphene, an opiate painkiller manufactured by Eli Lilly and Company. Dextropropoxyphene was available on the U.S. market for more than 50 years, until the Food and Drug Administration (FDA) banned the drug in 2010 due to life-threatening Darvocet side effects.
Heart conditions are the most commonly reported side effect, and arrhythmia is often cited in Darvocet lawsuit complaints. Also known as cardiac dysrhythmia, this condition is characterized by an irregular heartbeat, including bradycardia (heartbeat too slow) and tachycardia (heartbeat too fast). Arrhythmia may lead to heart attack, stroke and, eventually, death.
Darvocet lawsuit seeks damages for product liability
The Darvocet side effects lawsuit is led by plaintiffs Terry Freitas and Lori Freitas, as well as nine other plaintiffs, two of whom are deceased. The plaintiffs allege that the defendants did not provide adequate information regarding the risks linked to the prescription drug. As a result, the plaintiffs suffered from personal injury, or injury of a loved one, for which they seek multiple damages.
Darvocet and Darvon heart problems lead to lawsuits
Though Darvocet and Darvon are no longer available in the United States, more than 12 million prescriptions were filled during the drug’s tenure on pharmacy shelves. Victims of Darvocet side effects are preparing for federal multidistrict litigation (MDL), headquartered in the Eastern District of Kentucky. Announced in August 2011, the MDL began with just 17 lawsuits; since then, the total Darvocet lawsuit number has grown significantly.
In the case of Freitas Et Al. v. McKesson Corporation Et Al., the defendant asked for the lawsuit to be removed from state court and sent to federal court, although not to the MDL. The case was originally filed on October 31, 2011; a case management conference was scheduled to be held on December 5, 2011.
A removal jurisdiction is an exception in American judicial law, as it grants the defendant, and not the plaintiff, the right to choose the court forum. McKesson Corporation’s notice of removal for the Darvocet side effects lawsuit was granted on the grounds that the case exhibits complete diversity of citizenship between all properly joined parties, and the amount in controversy exceeds $75,000.
- Abcnews - FDA Slaps Strong Warning on Darvon, Darvocet. Retrieved from http://abcnews.go.com/Health/PainArthritis/painkillers-darvon-darvocet-coming-off-us-market/story?id=12194165
- Darvocet N-50 & N-100. Retrieved from http://dailymed.nlm.nih.gov/dailymed/lookup.cfm?setid=4b4778f4-93f0-448f-ab64-414679e628a4