Like other similar lawsuits claiming injuries from Darvocet side effects, Moraski’s Darvocet heart problems lawsuit was then transferred to the current multidistrict litigation (MDL) in the U.S. District Court of the Eastern District of Kentucky on January 18, 2012.

Plaintiff claims Darvocet heart problems in 2010

Moraski claims in his Darvocet heart problems lawsuit complaint that around 2002 he started taking the painkiller Darvocet (propoxyphene) and continued to take it for over five years. In November 2010, about the same time that the FDA requested a recall on the medication because new research indicated a high risk for Darvocet heart problems, Moraski claims he began to experience Darvocet side effects like “heart fluttering and mood issues.”

Moraski states in his Darvocet lawsuit that manufacturer Xanodyne failed to warn about Darvocet side effects, causing him to suffer bodily injury and disability, and costing him the expense of hospitalization, medical and nursing care, and treatment.

Darvocet lawsuit alleges Darvocet side effects

Moraski’s claim of Darvocet heart problems has the support of scientific evidence. Though propoxyphene was approved by the FDA in 1957, numerous concerns about Darvocet side effects have been raised over the decades.

In July 2009, after reviewing medical literature and postmarketing safety databases, an FDA committee voted 14 to 12 against the continued marketing of the medications. At that time, the European Medicines Agency had already begun a phased withdrawal of propoxyphene.

At that time, the FDA stopped short of issuing a recall, instead requiring that a boxed warning be added to the drug label alerting patients to Darvocet side effects like fatal overdose. They also required Xanodyne to conduct new safety testing.

Darvocet heart problems supported by study

The results of the FDA-requested Xanodyne study led to a recall of Darvocet and Darvon. Researchers found that even when the drug was taken at the recommended doses, it caused Darvocet heart problems, such as significant changes to the electrical activity of the heart.

“These changes,” stated an FDA press release on November 19, 2010, “can increase the risk for serious abnormal heart rhythms that have been linked to adverse effects, including sudden death.”

On August 16, 2011, the Judicial Panel on Multidistrict Litigation consolidated all federal Darvon and Darvocet side effects cases in Kentucky, where Moraski’s Darvocet heart problems lawsuit will now proceed.

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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.

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Darvocet and Darvon lawsuits surged in the wake of the recall, and have continued to mount in the year since the FDA’s decision. Prior to the ban, the drug was used for over 50 years, with more than 12 million prescriptions in all 50 states. According to an analysis of adverse event records from various reporting agencies,  thousands of patients were regularly exposed to highly dangerous Darvocet side effects such as arrhythmia, heart attack, and overdose.

Range of Darvocet Side Effects

According to the National Institutes for Health fact sheet, Darvon and Darvocet use carries risk for a variety of mild to moderate side effects, including:

•  Constipation
• Dizziness
• Difficulty urinating
• Drowsiness
• Lightheadedness
• Rash
• Stomach upset; omiting

Under most circumstances, these conditions are considered normal and acceptable side effects for a typical pain medication. A Darvocet lawyer is unlikely to pursue a Darvon lawsuit based on these side effects alone.

Darvocet heart problems

A Darvon lawsuit based on Darvocet heart problems examine the effect the drug can have on the function of a previously healthy heart. These problems can be potentially life-threatening and have resulted in death.

Darvocet side effects rooted in heart problems include:

• Darvocet Arrhythmia: an irregular heartbeat; the result of chemical changes to electrical impulses in the heart
• Ventricular Tachycardia:  an abnormally rapid heartbeat that can ultimately result in heart spasms requiring defibrillation
• Torsade de pointes: another form of Darvocet heart arrythmia; effectively slowing the heart beat to the point that it no longer pumps blood effectively

Heart problems such as these can are the most dangerous and are typically the cause of a Darvocet accidental death.

Darvocet Overdose

As with many painkillers, Darvon and Darvocet are especially dangerous when taken in combination with other sedatives. Darvon lawsuit claims for death and coma have alleged that drug interactions with Darvon and Darvocet were not sufficiently understood or warned against.

A Darvocet lawyer will review a case of a death following prescription of Darvon or Darvocet to confirm that an overdose did in fact cause the death of the individual. This includes cases of simple overdose, in which the patient took enough of the drug alone to cause death; and cases of interactive overdose, in which a safe amount of the drug was taken along with another substance that combined to create dangerous Darvocet side effects.

A Darvon lawsuit will specify such pertinent facts surrounding a particular allegation as well as the alleged proximate cause of a claim involving Darvocet death.

Multi-District Litigation for Darvon Lawsuit

In August, 2011, MDL proceedings were announced in the Eastern District of Kentucky for cases involving Darvocet side effects. The original order included 17 lawsuits from 9 different states. A year later since in the FDA ban of Darvocet, and in the months since the designation of MDL, the number of those filing a Darvon lawsuit has grown significantly.

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Plaintiff Jewell Pagliarini states that after taking the medication, she experienced atrial fibrillation, which led to the need for heart ablations to treat the ongoing problem. Pagliarini’s Darvocet lawyer filed her Darvocet heart problems lawsuit in the Southern District of Texas on November 17, 2011.

Darvocet overdose and Darvocet heart problems the subject of numerous lawsuits

While Darvocet overdose has been a concern in many lawsuits and one of the factors contributing to the Darvocet recall, it is Darvocet heart problems like Pagliarini’s that have taken center stage in many courtrooms today. In this recent case, Pagliarini’s lawyers claim their client took the drug for “pain management.” As a result, Pagliarini suffered from Darvocet heart problems, including atrial fibrillations. Atrial fibrillation is a common heart irregularity that can lead to future problems like an increased risk of blood clots, heart attack and stroke.

Pagliarini and her lawyers also allege that the makers of Darvocet, Eli Lilly and Xanodyne, knew of potential risks of Darvocet heart problems and Darvocet overdose while the drug was still on the market and “knowingly or negligently marketed and sold defectively designed Propoxyphene Products without adequate warnings.” The lawsuit also cites the fact that Great Britain and Europe pulled propoxyphene products from pharmacy shelves as early as 2005 because of reports of Darvocet overdose and Darvocet heart problems. As a result, Pagliarini is seeking action against not only the brand name drug manufacturers, as well as a host of companies who designed generic versions of both Darvon and Darvocet, including Teva and Mylan.

Lawsuits target Darvocet heart problems and Darvocet overdose

Causes of action in Pagliarini’s Dravocet heart problems lawsuit are strict liability, failure to warn and fraudulent nondisclosure. In the case of the latter, Pagliarini claims that the company “failed to adequately disclose to the general public or the medical community – including plaintiff and her treating physicians – about any of the risks” associated with Darvocet use, such as for Darvocet overdose, that eventually led to the Darvocet recall. As a result, Pagliarini is seeking a variety of damages for her Darvocet heart problems, including punitive, compensatory and exemplary damages, which total more than $75,000.

Pagliarini joins a host of other plaintiffs across the country that have experienced severe side effects like Darvocet overdose and Darvocet heart problems after using the powerful pain medication. Although the drug is no longer sold, the number of patients reporting injuries sustained due to Darvocet and Darvon use continues to grow. Pagliarini is not the first – and surely will not be the last – to seek compensation for injuries such as Darvocet overdose and Darvocet heart problems.

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FDA responds to risk of Darvocet death

The FDA first approved Darvocet for the market many decades ago. It wasn’t until 2010, however, that the health agency called for a ban on the drug after a study showed that the powerful painkiller raised the risk of Darvocet arrhythmia, or abnormal heart rhythms that can result in heart attack. This increased risk of Darvocet arrhythmia and heart attack is due to active ingredient propoxyphene, which has also been connected to side effects such as addiction, Darvocet overdose, and Darvocet death.

Darvocet arrhythmia can lead to Darvocet death

Darvocet arrhythmia is a harmful condition that causes irregular heart patterns. These irregularities can result in the heart beating too slowly, too quickly or irregularly. Darvocet arrhythmia occurs when propoxyphene interferes with the heart’s electrical activity.

While Darvocet arrhythmia can lead to a heart attack, and even Darvocet death, it can also be treated. Mild cases may be treated with medications. More severe cases may require a catheter ablation or a Implanted cardioverter defibrillator (ICD). These devices are used to stimulate and/or control electrical impulses, evening them out so as not to cause a shock to the heart.

Darvocet death also due to Darvocet overdose

Just as with Darvocet arrhythmia, a Darvocet overdose can be lethal. Whether the Darvocet overdose is accidental or intentional, signs of trouble include Darvocet arrhythmia, seizure, difficulty breathing and severe drowsiness.

Darvocet overdose is serious and has led in numerous cases to Darvocet death. In 2009, the FDA required the drug’s packaging and label to warn users of the significant risk of Darvocet overdose.

Are there other causes of Darvocet death?

Darvocet death is generally caused by a Darvocet overdose and/or suicide, or Darvocet arrhythmia leading to a heart attack. Darvocet suicide is responsible for 20 percent of all instances of Darvocet death reported by the Drug Abuse Warning Network in 2007.

Darvocet suicide is often associated with intentional Darvocet overdose, and has also occurred when individuals mix Darvocet with alcohol or sedatives. Unlike with Darvocet arrhythmia, many Darvocet suicides leading to Darvocet death have occurred in patients with psychological issues.

Injured patients may file a Darvocet arrhythmia lawsuit

Many patients who have suffered dangerous side effects after taking propoxyphene, including Darvocet arrhythmia and Darvocet overdose, or family members of victims of Darvocet death, have sought out the advice of an experienced Darvocet lawyer to see if they might be eligible to seek compensation for their injuries through a Darvocet arrhythmia lawsuit.

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Darvocet and Darvon side effects include heart arrhythmia

After decades of complaints about Darvocet and Darvon side effects, which include addiction, overdose, suicide, and heart problems like torasdes de pointes, the FDA finally issued a Darvocet/Darvon recall in November 2010. Provoked in part by the large number of plaintiffs filing a Darvocet and Darvon lawsuit, the health agency’s recall communication alerted patients to the fact that the drug caused significant changes to the electrical activity of the heart, even when taken at recommended doses.

Ms. Norris knows about these Darvocet and Darvon side effects first-hand, as her body reacted quickly to the painkiller, her heart going into arrhythmia and her hands and feet swelling up within only two weeks of her first dose. In her Darvocet and Darvon lawsuit, she claims she took the drug in the manner in which it was prescribed, yet still sustained severe, permanent, and life-threatening Darvocet and Darvon side effects.

Darvocet and Darvon lawsuit seeks multiple damages

Ms. Norris’ Darvocet lawyer seeks not only compensatory damages for her Darvocet and Darvon side effects — including for her pain and suffering, health care costs, and past and future medical monitoring — but punitive damages as well. According to the official complaint of Norris’ Darvocet and Darvon lawsuit, the defendants Eli Lilly and Xanodyne Pharmaceuticals “demonstrated a complete disregard and reckless indifference for the safety and welfare of the general public” by failing to adequately warn patients and doctors about the risks of Darvocet and Darvon side effects.

Darvocet and Darvon lawsuit transferred to federal multidistrict litigation

Every federal Darvocet and Darvon lawsuit has been consolidated into multidistrict litigation (MDL) in the Eastern District of Kentucky. Though Ms. Norris’ Darvocet lawyer initially filed her Darvocet and Darvon side effects lawsuit in the U.S. District Court for the Northern District of Maryland (Ms. Norris is a Maryland resident), the case was recently transferred to MDL in Kentucky.

A Darvocet and Darvon lawsuit that joins the current MDL typically shares common questions of fact, common injuries, and similar allegations about Darvocet and Darvon side effects against the defendants. The pre-trial process will be expedited in one court under one judge, though each case will conclude on an individual basis. A Darvocet lawyer isn’t expected to begin his or her opening statement in the first bellwether trial until late 2012. The current MDL for Darvocet and Darvon side effects lawsuits will be open to additional cases for months to come.

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Darvocet lawsuits before FDA ban were not uncommon

Though the FDA didn’t ban the two painkillers until Nov. 19, 2010, a Darvocet lawsuit filing prior to 2010 wasn’t uncommon. When the company released the drugs in 1972, users started having complaints about Darvocet side effects such as heart problems, suicide and overdose. As a result, several Darvocet lawsuits were filed.

When FDA banned Darvocet a surge in lawsuits followed

The 2010 ban resulted in a surge in Darvocet lawsuits, many of which are being consolidated under the MDL in the Eastern District of Kentucky. The MDL (multidistrict litigation) was created to help consolidate and hopefully expedite Darvocet settlements. As of Oct. 24, 2011, more than 100 cases from several states had been consolidated under the Darvocet MDL.

 Darvocet MDL

Each future Darvocet lawsuit will be handled by the MDL in the Eastern District of Kentucky per orders issued by the Judicial Panel on Multidistrict Litigation (JPML) Aug. 16, 2011. The order states that all federal Darvocet lawsuits be transferred to the MDL. The MDL is moving forward with a timeline designed to quickly move the cases forward in 2012.

The FDA Ban of Darvocet in 2010

Though medical practitioners, consumer advocates and the FDA all showed concern about the health impacts of propoxyphene prior to the 2010 ban, the FDA banned Darvocet & Darvon after a study was released showing the harmful impact the drug had on the heart.

Darvocet heart arrhythmia

Xanodyne Pharmaceuticals completed the study at the request of the FDA. The results of the study showed that Darvocet use can lead to a significant increase in heart arrhythmias, which are irregular heartbeats that can lead to heart attack or death. Though the United Kingdom banned Darvon and Darvocet in 2005, it took the Xanodyne Pharmaceuticals study highlighting some of the most damaging Darvocet side effects for the U.S. agency to finally ban the drugs.

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Darvocet heart problems prompt FDA action

Propoxyphene is a narcotic pain reliever and cough suppressant. Weaker than morphine, it is used for the treatment of mild to moderate pain.  In November of 2010, the FDA finally took action in response to the large number of complaints from patients who had suffered Darvocet heart problems.  At that time, many had already hired a Darvocet lawyer.  Since the agency ordered a ban against the drugs, even more have filed a Darvon lawsuit.

Darvocet lawyer points to Darvocet side effects

Since 1981, there have been more than 2,000 confirmed cases of accidental death caused by Darvocet heart problems, or overdose.   Additionally, a number of injured patients have consulted a Darvocet lawyer complaining of arrhythmia, ventricular fibrillation and tachycardia, heart attack, stroke, or Torsade de Pointes (TdP).  In filing a Darvocet or Darvon lawsuit, many plaintiffs have pointed to an arrhythmia as an initial side effect, which can eventually lead to more serious, sometimes fatal, Darvocet heart problems.

Darvocet heart problems prompt FDA ban

The FDA ban on Darvocet, Darvon, and similar drugs came almost six years after the drugs were taken off the market in the U.K., and more than a year after they were banned by the European Medicines Agency (EMA).  Victims of Darvocet heart problems, through their Darvocet lawyer,  have criticized the FDA for not erring on the side of caution and immediately banning the drugs after a slew of complaints from users.  In light of the FDA ban, Darvocet users are encouraged by the agency to consult their physicians immediately, even if they do not yet experience any symptoms.  It is not advisable to suddenly stop the use of Darvocet unless recommended by a doctor.

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Darvocet lawsuits consolidated into MDL

MDL was deemed appropriate by the JPML because the 89 cases all share common questions of fact, to go along with identical allegations of Darvocet and Darvon side effects. Plaintiffs in every Darvocet lawsuit claim that the opiate painkiller, also referred to as propoxyphene, can cause dangerous cardiac side effects such as arrhythmia, and heart attack. As a general rule, MDL expedites the pre-trial process by avoiding contradictory rulings and streamlining evidentiary discovery. MDL also helps cut down on litigation costs for plaintiffs and defendants alike, as well as the court itself.

After pre-trial coordination is complete, each individual Darvocet heart problems lawsuit may be transferred back for trial to the federal court where it was originally filed. Customarily, however, cases centralized into MDL stand an increased chance of resulting in out-of-court settlements, such as a Darvocet lawsuit settlement.

Darvocet lawsuit MDL located in Kentucky

The federal court in Covington, Kentucky was chosen as the site for the Darvocet lawsuit MDL for reasons of geography. Not only are drug manufacturer Xanodyne’s company headquarters located in the vicinity, but Kentucky represents a relatively equidistant location for plaintiffs in a transferred Darvocet or Darvon side effects lawsuit to travel to.

On August 30, 2011, Judge Danny C. Reeves issued his first MDL order, laying out some basic procedural groundwork, and on September 26, 2011, the first status conference for the Darvocet heart problems MDL was held. The main function of this Darvocet lawsuit MDL status conference was to establish a case management schedule going forward. Additionally, a number of motions pending in some of the centralized cases were addressed. The next status conference will be held on December 19, 2011, and will cover topics including discovery and oral arguments scheduling, as well as issues involving class certification.

FDA issues a Darvocet recall in 2010

In 2010, 50 years after the painkiller has first hit the drug market, and after decades of petitioning from doctors and public watchdog groups, the FDA finally issued a Darvon and Darvocet recall. In explaining its decision, the FDA pointed to the high risks of Darvocet and Darvon side effects, such as ventricular tachycardia or “torsade de pointes,” and uncommon disorder that results in impaired blood circulation.

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In June 2011, the Supreme Court ruled that generic manufacturers were to be held blameless in cases of liability as long as their labels exactly matched those of the brand name drug. Following that decision, a Darvocet lawyer was likely to think twice about pursuing litigation against generic manufacturers. Still, that left several injured patients without legal recourse for their injuries. Might this lawsuit demonstrate a potential solution—by holding both the brand name and generic manufacturers responsible?

How to seek compensation for Darvocet death from generics?

The June case that was presented to the Supreme Court involved plaintiff Gladys Mensing, who took the generic Reglan for heartburn, and generic manufacturer Actavis and Teva. (Teva is also named in this Darvocet lawsuit.) Justice Clarence Thomas agreed with the defendants that as long as their drugs copied exactly the name brand drug labeling, they could not be accused of failing to provide adequate label warnings.

The Darvocet lawyer in this latest case acknowledges that, “manufacturers of generic drugs are prohibited from deviating from the labels and warning the manufacturer of the brand name drug uses.” The complaint goes on to state that only the maker of the brand name drug can petition the FDA to change their labels and warnings, and therefore blames Xanodyne for failing to do so.

Still, the generic manufacturers are clearly named as defendants, and lumped together with the brand name manufacturers in claims of negligence, fraud, and breach of warranty.

Darvocet death caused by abnormal heart rhythms

It wasn’t until 2010 that the FDA finally implemented a Darvocet recall, following a review of scientific literature that showed a clear relationship between the painkiller and electrical changes in the heart that could cause Darvocet death by fatal cardiac arrhythmia. The Darvocet news at the time focused on how for years data had existed on the health risks of the drug, including accidental overdose, but the FDA dragged its feet on protecting the public until this last review.

Darvocet lawyer trying dual approach

The Supreme Court decision was seen as a serious setback to each Darvocet lawyer seeking justice for his or her clients, but even immediately following the verdict there was speculation that the solution may be to hold the brand name manufacturer responsible for injuries caused by generics. This latest Darvocet lawsuit is doing just that, which makes it one to watch to see just how it will fare in court.

All plaintiffs allege that Darvocet caused Darvocet death and other injuries including heart arrhythmias, heart attack, and sudden Darvocet death, with lasting damages including physical pain and mental anguish, diminished enjoyment of life, and the need for lifelong medical treatment. For those who lost loved ones to Darvocet death, they are also claiming pecuniary loss, loss of companionship, and loss of inheritance. The Darvocet lawyer is also seeking medical expenses and punitive damages.

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Darvocet Lawsuits Claim Misinformation

Many people who have used these drugs containing propoxyphene have consulted a Darvocet lawyer due to serious Darvocet and Darvon side effects. There have been reported cases of these drugs leading to severe heart problems like arrhythmia or a heart attack. Even worse are the cases where these side effects cause the death of some patients. Many Darvocet lawsuits attribute these catastrophic incidents to the lack of information provided by the drugs’ manufacturers. Some plaintiffs have alleged that the manufacturers misrepresented the drugs by telling the public they are “safe,” when, in reality, they have been proven to be harmful. Even the FDA has acquiesced to the complaints and petitions of advocacy groups and concerned citizens; in November 2010, the agency announced the recall of Darvocet and Darvon.

Arrhythmia the Most Common Complaint in Darvocet Lawsuits

Heart problems are at the “heart” of many Darvocet lawsuits, but arrhythmia seems to be the most commonly reported heart problem. Arrhythmia can be very dangerous, even fatal, often leading to cardiac arrest if not treated immediately. When the heartbeat is either too fast (tachycardia), too slow (bradycardia), or in irregular patterns, it puts the individual at risk of heart attack, stroke, or even death. Problems in circulation can also damage the brain and other internal organs.

Status of Darvocet Lawsuits

In light of the MDL in the state of Kentucky, many believe that the consolidated Darvocet lawsuits will be handled more efficiently. Plaintiffs may still be added to the MDL in the future. More users of both Darvocet and Darvon are now considering retaining a Darvocet lawyer due, in part, to the recall in November of 2010. The recall of both drugs has made the public aware of the dangerous Darvocet and Darvon side effects that affect the heart.

Currently, Darvocet and Darvon are off the market and may have reached the end of the line. For Federal Judge Danny Reeves, however, the story has just begun.

Latest Darvocet Lawsuits Come From Maryland

Three of these new Darvocet lawsuits recently transferred to the MDL all came from Maryland; the same state where additional Darvocet lawsuits were transferred from in September. One of these was a wrongful death suit, filed by the executor of the estate of Clarence C. Jefferson. All three of the plaintiffs involved in these Darvocet lawsuits are filing personal injury, product liability and negligence torts against the manufacturer of Darvocet and Darvon, Xanodyne Pharmaceuticals.

An additional 28 Darvocet lawsuits have been transferred to the Kentucky MDL from the state of Texas. Five wrongful death suits are included in this number and many of the Darvocet lawsuits recently transferred from Texas were filed by survivors of those who died as a result of Darvocet heart problems. Recent transfers continue to increase the number of Darvocet lawsuits across the country, and more cases are expected to be filed since the FDA bans on Darvon and Darvocet took effect at the end of last year.

An Overview of Darvocet Heart Problems

Use of Darvon and Darvocet has been associated with a variety of heart problems, but the most common is probably heart arrhythmias. These irregular heartbeats are caused by electrical changes to the heart, and can be very serious and even life-threatening for some patients. One of the most serious types of Darvocet heart problems is ventricular tachycardia, which is a rapid heartbeat that interferes with the normal flow of blood throughout the body. Another very serious, albeit rarer, Darvocet heart problem is torsade de pointes; a type of tachycardia where the heart actually slows down its activity to the point where it can cause heart attack or cardiac failure in some patients.

With an MDL assigned for Darvocet lawsuits in Kentucky, the legal process for those suffering with Darvocet heart problems should be streamlined and more efficient. Many expect that the number of Darvocet lawsuits against Xanodyne will continue to rise in this current MDL, as more come forward with serious side effects as a result of using these drugs.

Darvon is the commercial name for propoxyphene, an opiod used to treat mild to moderate pain; Darvocet contains propoxyphene along with acetaminophen. Although Eli Lilly and Xanodyne claimed the drugs posed only slight health risks, Darvocet and Darvon side effects have included heart attack and arrhythmia (irregular heartbeat) as well as the potential for Darvocet addiction and overdose.

Lawsuit alleges drugmakers hid Darvocet and Darvon side effects

On October 3, 2011, Calvin Satterwhite filed a lawsuit against Eli Lilly and Xanodyne, alleging that the drug manufacturers concealed knowledge of serious Darvocet and Darvon side effects and touted the drugs as safe for use. Mr. Satterwhite seeks compensatory damages for cardiovascular injuries and arrhythmias he suffered after taking the drug as prescribed, and emotional damage resulting from his compromised health and fear of future cardiac events.

Darvocet lawsuits mount after FDA ban

Mr. Satterwhite is one of many patients who have filed lawsuits after suffering from a Darvocet heart problem; almost 90 cases have already been consolidated into multi-district litigation (MDL) in the Eastern District of Kentucky. The number of Darvocet lawsuits increased significantly once the FDA recalled and banned the drug in 2010 after years of pressure from concerned citizens and watchdog groups. The UK had banned propoxyphene in 2005.

In a written statement, the FDA noted that “propoxyphene may have the potential to affect cardiovascular events, including life-threatening arrythmias” and explained that the drug interferes with the electrical activity of the heart, which can be seen by an electrocardiogram (ECG).

The FDA also said that risk of adverse events can be affected by “small changes in the health status of the patient, such as dehydration, a change in medications, or decreased kidney function.” In other words, any weakening in the patient’s condition could serve as a catalyst for the onset of a Darvocet heart problem.

In Mr. Satterwhite’s case, he and his Darvocet lawyer seek $2,000,000 from the drugmakers for negligence, product liability and personal injury.

FDA ban on Darvocet follows cardiovascular study

The active ingredient in Darvon and Darvocet—propoxyphene—has been linked to several side effects over the years, including addiction, overdose, and heart problems like arrhythmia and heart attack. It took decades, however, for the FDA ban on Darvocet. Though the product was initially approved in the 1970s, it wasn’t until nearly 40 years later that the risks of the painkiller were finally deemed to be greater than the benefits.

The U.K. announced a ban on propoxyphene in 2005, and several times the U.S. consumer group Public Citizen petitioned the FDA to do the same, but it wasn’t until after they filed a lawsuit against the agency in 2008 that the FDA finally moved to look into the safety issues—in 2009. A subsequent advisory committee meeting voted against continuing to market propoxyphene, and in July the FDA required updated warnings, but it wasn’t until results from a heart study showed the drug raised the risk of abnormal heart rhythms that the FDA demanded a Darvocet recall and the FDA ban on Darvocet.

MDL booms after FDA ban on Darvocet

Though only 17 plaintiffs who had filed a Darvocet or Darvon lawsuit were involved in the original consolidation into MDL, a recent estimate shows nearly 90 plaintiffs have now joined the proceedings in the Eastern District of Kentucky. Several were recently transferred at the end of September from Maryland. And the growth is expected to continue.

The benefit of MDL in a Darvocet or Darvon lawsuit is that the process is streamlined and settlements may come more quickly. The chances of duplicate discovery and contradictory rulings is reduced with just one judge overseeing all cases, though each case will still remain an individual Darvocet or Darvon lawsuit.

Challenges facing a Darvocet lawyer

Though there are numerous adverse event reports concerning Darvocet side effects, as well as scientific studies showing connections between the drug and side effects, a Darvocet lawyer is still likely to have his work cut out for him in proving the manufacturers Eli Lilly and Xanodyne were to blame. Of particular difficulty will be those cases where the patient had a medical history of mental illness or cardiovascular problems.

A legitimate diagnosis of the alleged Darvocet injury, along with supportive medical records of follow-up therapies will help to build a successful case. So far, bellwether trials have not yet been scheduled in Darvocet MDL.

Darvon litigation consolidated in Kentucky

The case of Simering v. Lilly has been consolidated with others into a multidistrict litigation ordered to a Kentucky federal court.  Multidistrict litigation (MDL) is used to consolidate large class actions or similar lawsuits filed in different states or jurisdictions against one plaintiff.  It provides the presiding judge an avenue wherein discovery matters related to all defendants in a Darvon lawsuit can be merged, streamlining the litigation process.

FDA ban on Darvocet, Darvon began lawsuit trend

The safety and efficacy of Darvon, Darvocet, and other drugs containing propoxyphene has been under constant scrutiny since it was first approved by the FDA in 1957.  The common Darvon lawsuit is usually consolidated into a mass tort due to the large population of pain patients who use or have used Darvon or Darvocet at some point in their lives.  Simering’s case is only one of many that have been filed in the United States after the FDA banned Darvon, Darvocet, and other propoxyphene-containing drugs in November 2010.  Many have come out with complaints of injury caused by the drug in light of the FDA ban on Darvocet.

Darvon Addiction, Overdose, Arrhythmia, and other Darvocet side effects

Perceived within the medical community largely as a mild and ineffective painkiller, many of the cases in the Darvocet litigation allege that its analgesic properties are marginal, failing to outweigh the risks involved in Darvon or Darvocet use – and the FDA agrees.  Studies of healthy people taking normal doses of the drug have shown an increased risk of severe, sometimes fatal, cardiac arrhythmia.  Other patients report Darvocet and Darvon addiction as a result of the medication’s opiate properties and mild effect.  Patients who develop an addiction have a greater likelihood of suffering a Darvocet overdose and even accidental death.

Such concerns prompted the FDA to recommend market withdrawal of all drugs containing the active ingredient propoxyphene.   The ban acted as the proverbial final nail in Darvon and Darvocet’s coffin.  Other generically manufactured analgesics containing propoxyphene are also out of the picture.  The FDA ban has provided the necessary impetus to push many pain patients facing Darvocet side effects to file a Darvon lawsuit against the drug’s manufacturers.

Darvocet arrhythmia the turning point in safety issues

Darvocet arrhythmia was the side effect that pushed the FDA over the edge in 2010. For years the agency received requests from concerned citizens and advocacy groups to take the opiate drug off the market due to side effects like Darvocet addiction, overdose and death. Still the FDA maintained that the drug’s effectiveness was worth the risk until in 2009, they finally announced they were looking into the safety issues. Later that same year, the European Medicines Agency (EMEA) called for a withdrawal of all propoxyphene drugs, as did Singapore and New Zealand.

Finally, in October 2010, results from the FDA’s heart study showed that propoxyphene raises the risk of abnormal heart rhythms. A month later, the agency announced a Darvocet and Darvon recall. The recall brought the dangers of the drug to the public, driving thousands to file a Darvon lawsuit.

What is Darvocet arrhythmia?

Darvocet arrhythmia is a condition in which the heart beats with an irregular or abnormal rhythm. The heart may beat too fast (tachycardia), too slow (bradycardia), or irregularly. During an arrhythmia, the heart may not be able to pump enough blood to the rest of the body, and a lack of blood can damage the heart, brain, and other organs.

How does Darvon or Darvocet increase risk of arrhythmia? Studies have shown that at normal doses, they somehow weaken the force of the heart’s muscular contractions. During research, they raised one measurement of the heart’s electrical activity to a magnitude known to increase the risk of serious and even fatal heart rhythm abnormalities. The pain relievers were also shown to cause changes in the heart even if the patient had a healthy heart to start with.

The good news is that the studies do not indicate that Darvocet arrhythmia continues after the patient stops taking the drug. This fact doesn’t help Mr. Williams, however.

Darvon lawsuit alleges negligence

Mr. Williams’ Darvocet lawyer alleges that manufacturer Eli Lilly and Xanodyne are guilty of negligence where Darvon and Darvocet are concerned. Eli Lilly is the original manufacturer of the drug, though the patent was later purchased by Xanodyne.

Eli Lilly has faced other similar complaints, and agreed to pay over $1 billion in a lawsuit for promoting its drug Zyprexa for uses not approved by the FDA. The resolution included a criminal fine of $515 million, the largest ever in a healthcare case.

Whether or not the company will be found similarly at fault in a Darvon lawsuit remains to be seen, though critics say manufacturers knew about the dangerous side effects prior to the Darvocet recall.

Darvocet side effects can result in death or injury

Darvocet side effects have impacted Darvocet users for years, but the full scope of damage has yet to be determined. Darvocet is a narcotic pain reliever designed to treat mild pain. Darvocet side effects include death, aggressive behavior, overdose, heart problems and heart attack among others.

When presented with a Darvocet related allegation, the first thing a Darvocet lawyer must due is address causation, which means he/she must show that Darvocet patent holder Xanodyne Pharmaceuticals failed to inform Darvocet users of the drug’s risk and that the individual interested in filing suit against Darvocet suffered harm as a result of using the drug.

A Darvocet lawyer must prove manufacturer liability

For a Darvocet lawyer, the issue of causation can be challenging because several criteria have to be met before the Darvocet lawyer can present the case. The plaintiff needs to get a legitimate diagnosis regarding medical issues they believe are related to Darvocet use; prove they were taking Darvocet or Darvon when they obtained the injury/illness; and compile medical records to build the case. Failure to do any of this can weaken or nullify the case.

The Darvocet lawyer also needs to prove specific causation. In other words, they have to prove the drug was directly responsible for harming the patient or the allegations will not hold. This can be challenging to prove if the plaintiff doesn’t have an easily identifiable injury such as a heart attack.

Generic Darvocet lawsuits may be difficult

Generics present a challenge for each Darvocet lawyer because the Supreme Court does not hold generic manufacturers responsible in Darvocet lawsuits. Anyone with a generic claim should speak with a Darvocet lawyer before moving forward with his/her case.

The Federal Drug Administration (FDA) banned Darvocet, Darvon and all other drugs containing propoxyphene, which is an opiate painkiller, from the market in November 2010. A Darvocet recall and Darvon recall followed the FDA’s announcement.

While the recall date isn’t particularly a challenge for Darvocet lawyers, the three decades of cases filed before the recall may present some challenges. With the older cases, causation is more difficult to prove and the Darvocet lawyers also have to contend with statute of limitation guidelines.

Darvocet litigation is slowly moving forward. It has been consolidated into federal multidistrict litigation (MDL), but interested parties are awaiting further movement.

Latest Darvocet and Darvon lawsuit news

The MDL currently comprises 89 individual Darvocet lawsuits, whose plaintiffs allege that they were not adequately warned by the painkiller’s manufacturer about dangerous Darvocet and Darvon side effects, including arrhythmia, heart abnormalities, heart electrical changes, heart attack and death.

A panel of federal judges made Darvocet and Darvon lawsuit news in August, when they transferred all Darvon and Darvocet lawsuits filed in federal courts across the country to the Kentucky court of Judge Danny C. Reeves, who will oversee the coordination of pre-trial processes for all of the cases. MDL is normally thought to benefit plaintiffs and defendants alike not only because it makes pre-trial procedures such as discovery more efficient, but because it saves both time and money for all the parties involved.

More Darvocet and Darvon lawsuit news will be available after the next status conference, as the MDL moves closer to naming a bellwether trial date, as well as naming a plaintiff whose Darvocet or Darvon side effects lawsuit will be selected for trial.

Darvocet lawyers to travel to Kentucky

The Eastern District of Kentucky court (Covington Division) was chosen as the location for the MDL mainly due to the fact that drug maker Xanodyne’s headquarters are located nearby, allowing for expert witnesses and evidence to be more easily available to the court. Because injured plaintiffs have filed relevant Darvon and Darvocet lawsuits in all regions of the U.S., Kentucky is viewed as equidistant from multiple courts of origin.

Some plaintiffs who are considering a Darvocet or Darvon side effects lawsuit have wondered whether the MDL transfer to Kentucky automatically applies that state’s statute of limitations rule to pending and future Darvon or Darvocet lawsuits. Kentucky requires that plaintiffs file a product liability or personal injury lawsuit within one year of the injury’s occurrence, or of the reasonable discovery of the injury. However, Kentucky’s time limits, which are considered comparatively strict, do not apply to plaintiffs whose suits have been initially filed in other states and then transferred to Kentucky as part of the MDL centralization.

One such Darvocet lawsuit, Alix v. Eli Lilly was filed in August, 2011. The Darvocet lawyer for Alix is seeking nearly $90 million in damages. This particular case has been consolidated with others into a multidistrict litigation (MDL) ordered to a Kentucky federal court.

Number of Darvocet lawsuits filed in Kentucky rises

Jean Alix’s Darvocet lawsuit is a personal injury action alleging negligence and product liability among other causes of action. The case has been consolidated into the MDL in the U.S. District Court in the Eastern District of Kentucky. Judge Danny C. Reeves has been assigned to oversee the MDL.

Although the MDL was delayed for a number of months, the initial conditional transfer has been announced and includes 17 individual cases similar to Alix v. Eli Lilly. Current Darvocet lawsuits filed in the MDL include plaintiffs from the states of Florida, Maryland, Mississippi, Louisiana, New York, Pennsylvania, Tennessee, Oklahoma and Ohio. Plaintiffs involved in this MDL and other Darvocet lawsuits may experienced various side effects from arrhythmia to Darvocet addiction and overdose, and accidental death.

Darvon side effects lawsuits consolidated in MDL

With a number of Darvon side effects lawsuits multiplying around the country, the decision to consolidate cases into an MDL was an expected one. Multidistrict litigation is often used in situations where a number of lawsuits with similar features are filed around the country against the same plaintiff. By consolidating in this manner, the judge assigned to the MDL can group together discovery matters common to all of the defendants. This process helps streamline the litigation and makes it more efficient for everyone involved in the Darvocet lawsuit. Cases involving Darvon addiction, heart irregularities and other potentially serious side effects from the drug may all be eligible for MDL consolidation.

The specific damages sought and the total amount of damages may vary from Darvocet lawsuit to lawsuit within the MDL. For example, while the Alix v. Eli Lilly case is seeking $90 million at trial, other plaintiffs may be hoping to reach  a pretrial Darvocet lawsuit settlement in lesser amount.

Like many victims of alleged Darvocet side effects, Ms. Alder wasn’t initially aware of the connection between her painkiller and her heart problems. In October 2010, preliminary study results revealed that propoxyphene causes changes to the electrical activity of the heart, prompting an FDA-mandated Darvocet recall in November 2010. Ms. Alder is suing for compensatory and punitive damages.

Will the new Maryland Darvocet lawsuit join Kentucky MDL?

In March 2011, a Darvocet lawyer filed a Darvocet class action lawsuit against generic manufacturers in the U.S. District Court of Maryland, with all plaintiffs claiming they suffered cardiac problems. It’s unlikely that Ms. Alder will join the class action, however, as her Darvocet lawsuit seeks not only to compensate for her medical expenses, but to punish the brand-name manufacturers on several counts, including negligence, breach of express and implied warranties, fraudulent and negligent misrepresentation, fraudulent concealment, and deceit.

“At the time the representations were made,” the Darvocet lawsuit claims, “Plaintiff and/or Plaintiff’s healthcare providers did not know the truth with regard to the dangerous and serious health and/or safety concerns of Darvon/Darvocet.”

Whether or not Ms. Alder’s case will be transferred to federal MDL in Kentucky is yet to be seen. The first preliminary status conference for the MDL is scheduled to occur on September 26, 2011. Hundreds of cases are expected to join the original 17 filed in federal court.

Darvocet recall was late in coming

The FDA first approved propoxyphene in 1957, later approving Darvocet in 1976. As early as 1978, the agency started receiving requests to remove the opiate painkiller from the market, but at the time they believed the benefits outweighed the risks. Doctors continued to prescribe the drug for pain relief, particularly in patients with arthritis.

In 2005, the U.K. announced a ban on propoxyphene, and in 2009 the European Medicines Agency called for a Darvocet recall that included all propoxyphene drugs. Dangerous side effects included Darvocet overdose and sudden death, and Darvocet heart problems. In November 2010, the FDA announced a U.S. Darvon and Darvocet recall after studies revealed a link with life-threatening heart arrhythmias.

Darvocet lawsuit claims negligence

Ms. Alder’s Darvocet lawyer claims that manufacturers Eli Lilly & Company and Xanodyne Pharmaceuticals “willfully and intentionally failed to disclose the truth” concerning the health risks of the drug, and that they made claims in their documents that “Darvon/Darvocet did not present serious health and/or safety risks.”

These claims are similar to those made by other plaintiffs. The first MDL bellwether trial has yet to be scheduled, but the outcome may help determine how juries will respond to the allegations against the defendants.