This month, the New Jersey Supreme Court designated the Abilify litigation in New Jersey a multicounty litigation (MCL). The Notice and Order can be found here: https://www.njcourts.gov/notices/2018/n180510b.pdf.

Though Bergen County Superior Court Judge James DeLuca had been overseeing all of the Abilify cases filed in New Jersey, those cases will now be transferred to Atlantic County Superior Court for centralized management by Judge Nelson C. Johnson. Accordingly, all future Abilify complaints filed in New Jersey Superior Court, no matter where they might be venued, shall be filed in Atlantic County. While Judge Johnson will oversee management and trial issues for the New Jersey Abilify MCL cases, he may, in his discretion, return the cases to the original county of venue for disposition.

The MCL will be litigated in parallel with the multidistrict litigation (MDL) that has been pending in the United States District Court for the Northern District of Florida, before Judge M. Casey Rodgers, since October 2016. Plaintiffs are cautiously optimistic about the MCL designation and the latest developments in the MDL, including Defendants recently settling the three cases set for initial trials this summer in the MDL, for undisclosed amounts (such representative cases that are worked up for trial are known as “bellwether” cases).

Visit our site for more information about the Abilify lawsuit and settlement options.

On February 12th, a man from Arkansas filed a lawsuit against Eli Lily and Co., the manufacturers and distributors of the drug taladalafil, also known commercially as Cialis, alleging that the drug was the cause of his melanoma and that he could have avoided the risk of skin cancer if the drug had proper warnings.

In the lawsuit, filed in federal court in California, the plaintiff alleged that Eli Lily and Co. omitted mentioning or warning that data showed a link between an increased risk of developing melanoma with taking its popular erectile dysfunction medication.

Continue Reading New Cialis Lawsuit Filed May Just Be the Beginning

As previously discussed, in December 2016, the U.S. Judicial Panel on Multidistrict Litigation ordered Invokana cases consolidated into a Multi-District Litigation (MDL) in the United States District Court, District of New Jersey (MDL 2750).

Since the inception of the litigation, more than one thousand cases have been filed in the District of New Jersey. Cases filed in the MDL allege that individuals taking Invokana are at an increased risk of an amputation of a lower extremity (leg or toe), as well as an increased risk of suffering from ketoacidosis, which is a condition the causes the body to produce high levels of blood acids called ketones. Symptoms of ketoacidosis include nausea, vomiting, abdominal pain, fatigue, and difficulty breathing.

Continue Reading Invokana Cases Move Toward Trial in New Jersey

Victoza (liraglutide), an injectable Type II diabetes drug, which works by stimulating insulin production by the pancreas, received approval from the U.S. Food and Drug Administration (“FDA”) in 2010.

When taken in high doses (3 milligrams), Victoza, manufactured by Novo Nordisk, has been shown to help individuals lose weight. The drug suppresses an individual’s appetite, as well as decreases the absorption of sugar from the digestive system, and slows movement of food through the digestive system.

In essence, the individual is likely to feel fuller for a longer period of time when taking Victoza. Accordingly, individuals began reporting weight loss while taking Victoza.

Subsequently, in August 2017, the FDA also approved Victoza to reduce the risk of heart attack, stroke, and cardiovascular death, in adults with Type II diabetes and established cardiovascular disease.

Continue Reading Diabetes Drug, Victoza, May Have Weight Loss Benefits, but Allegedly Linked to an Increase Risk of Pancreatic Cancer

As we have previously reported, safety concerns regarding incretin mimetics (such as Byetta, Januvia/Janumet and Victoza), led to more than a thousand lawsuits being filed across the country.

Reports suggest that people taking the medications for the treatment of Type 2 diabetes may be at an increased risk of developing pancreatic cancer.

In August 2013, those lawsuits were consolidated in a Multi-District Litigation (MDL), before Judge Anthony J. Battaglia, in the United States District Court for the Southern District of California. The litigation suffered an unexpected setback when, in November 2015, the trial court granted summary judgment, essentially dismissing the claims.

Continue Reading Incretin Mimetics Cases See Signs of New Life on Appeal

In November 2017, counsel for plaintiffs and defendants in the Abilify litigation in New Jersey state court moved to have the litigation designated as a multicounty litigation (MCL).

As the New Jersey judiciary site notes, a “[m]ulticounty litigation may be distinguished from other personal injury claims by several distinct features. First, multicounty litigations involve large numbers of claims that are associated with a single product. Second, despite the number of claimants, there is a commonality of factual and legal issues. Third, there is a value interdependence between the different claims.”

Currently, there are nearly 50 Abilify cases filed in Bergen County in New Jersey Superior Court, but that number is expected to rise over the next few months.

Continue Reading New Jersey Abilify Cases: Parties Move for MCL Designation

A federal judge in New Jersey recently granted summary judgment to Plavix drug makers Bristol Myers-Squibb Company (“BMS”), Sanofi-Aventis U.S., L.L.C., Sanofi-Aventis U.S., Inc., and Sanofi-Synthelabo, Inc. in a lawsuit alleging that plaintiff’s gastrointestinal bleeding was caused by defendants’ prescription drug Plavix.

Plaintiff alleged that she suffered injuries as a result of defendants’ design, development, manufacture, promoting, marketing, distributing, labeling, and sale of Plavix, an anti-clotting medication.

Plavix was initially approved by the FDA for individuals with recent heart attack, stroke (including Transient Ischemic Attack or “TIA”), or peripheral arterial disease. Plavix inhibits blood platelets from forming clots and therefore increases the risk of bleeding. Its labeling has included information about that risk.

Plaintiff’s complaint asserts product liability related causes of action under California state law, for defective design, manufacturing defect, failure to warn, and negligence.

Continue Reading Plavix Decision Raises Questions About Learned Intermediary Doctrine

On Thursday, October 26, 2017, President Donald Trump declared the opioid crisis a national health emergency.

What is the Opioid Epidemic?

From 2000 to 2015, more than half a million people died of drug overdoses across the country and most of those deaths involved opioids, according to the Centers for Disease Control and Prevention (CDC). The CDC estimates that 64,000 people died from drug overdoses in 2016 alone.

Continue Reading Trump Declares Opioid Epidemic a Public Health Emergency

Attorney General Christopher S. Porrino recently announced that New Jersey has filed a lawsuit against Insys Therapeutics, Inc. charging that the company engaged in a “greed-driven campaign of consumer fraud and submission of false claims to health insurers” to increase the market share for its opioid-fentanyl drug, Subsys.

What Does New Jersey’s Opioid Lawsuit Claim?

The complaint asserts that Subsys has Food and Drug Administration (FDA) approval only for the treatment of opioid-tolerant cancer pain, yet Insys unlawfully directed its sales people to “push Subsys for prescription to a broader patient population – patients suffering any type of chronic pain – and at higher doses.” The state’s lawsuit alleges that corporate decision-makers sought to expand the limited market for Subsys by aggressively pushing “off label” uses of the drug.

Continue Reading New Jersey Files Lawsuit Against Opioid Manufacturer

According to a study published by the Journal of the American Medical Association, from 2000 to 2015, opioid-involved poisoning deaths erased approximately two and a half months from overall life expectancy at birth in the United States. Other studies, news reports, government agencies, and medical journals are addressing opioid deaths as a public health crisis that cannot be ignored or discounted.

What is the Opioid Epidemic?

Many sources reiterate that the opioid epidemic is not about recreational drug use but rather originated from prescription drugs, manufactured by pharmaceutical companies, and distributed to doctors, who prescribed the drugs to patients.

Continue Reading Opioid Epidemic Lowers Overall Life Expectancy In U.S.