Mass Torts Law Blog

On October 3, 2018, the New Jersey Supreme Court made its long-awaited decision in the Accutane Multicounty Litigation. Developed by the New Jersey-based pharmaceutical giant Hoffman-La Roche, Accutane is a prescription acne treatment that has been found to be linked to inflammatory bowel disease. Numerous plaintiffs filed lawsuits in New Jersey, essentially claiming that, based upon the drug maker’s own internal documents, Accutane’s warnings should have been stronger in stating that Accutane has been…
In May 2018, Judge M. Casey Rogers, who is overseeing the federal Abilify litigation, entered an Order to establish the “initial parameters by which the global mediation of this matter will proceed.” The parties were given 120 days (from May 1, 2018 until September 1, 2018) to finalize the framework for a mediation process. A Special Master has been appointed to assist the parties with the process. Meanwhile, in tandem with the potential…
It has been alleged that Gilead Sciences, an HIV drugmaker, purposefully delayed the introduction of safer, life-saving medications in order to increase profits. In 2001, Gilead received approval for the sale of HIV drugs containing the compound, tenofovir disoproxil fumarate (TDF). Unfortunately, TDF medications have been linked to severe kidney and bone injuries. However, numerous lawsuits, including one filed by the AIDS Healthcare Foundation, have alleged that Gilead had, in fact, developed a much safer…
There is a pending application in the Hernia Mesh litigation in New Jersey state court to have the litigation designated as a multicounty litigation (MCL). An MCL would permit centralized management of all related cases filed throughout New Jersey. The MCL parameters proposed by the application would encompass all cases related sixty-two cases currently pending in Bergen County, New Jersey, involving one or more “Multi-Layered Hernia Mesh” products manufactured by Defendants, Ethicon and Johnson &…
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…
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…
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…
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…
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…
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…