Darvocet MDL: All Federal Cases Sent to Kentucky

Darvocet lawyers have filed a motion to have all Darvocet lawsuits filed under one federal judge. This is called the MDL where the case becomes a sort of class action lawsuit for the purposes of discovery.

The defendants in these cases opposed a class action, arguing that these lawsuits involve multiple individualized fact issues of causation and product identification which will require discovery unique to each lawsuit.

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All of this is true, actually. But it is not the point. The MDL panel of judges that decides these things has agreed with Darvocet plaintiffs’ lawyers that lawsuits should be put together for discovery. The issues to be decided are: (1) whether Darvocet, Darvon and other medications containing Propoxyphene were defectively designed and marketed, (2) which defendants manufactured, licensed or sold propoxyphene products during various times, and (3) whether defendants knew or should have known of the increased risk of cardiovascular injuries with these medications and failed to provide adequate warnings.

This is a good start. But where? Kentucky. Which is a strange choice in some ways because there are no Darvocet lawsuits pending in Kentucky (although, believe me, there will be). The thinking is that the courthouse in the Eastern District of Kentucky is accessible to parties outside Kentucky and Judge Danny C. Reeves has extensive private civil litigation and judicial experience to organize and guide the Darvocet lawsuits.