Wednesday, July 16, 2008

What Are The Drug And Device Mass Torts?

Every once in a while, you're asked to name the mass torts.

You typically start with asbestos and breast implants, and then stammer out a few more.

But one of us is now doing some work that requires focusing specifically on the drug and device mass torts, so -- cleverly combining client work with blogging work -- we thought we'd reproduce here our preliminary list of those cases.

We'll say at the outset that this list isn't any good. First, we're cheating. We didn't do much work to create this list; we simply went to the MDL Panel's website, copied the list of "product liability" MDLs, deleted the ones that didn't sound like drugs or devices, and reproduced the rest here.

Second, the list can't be trusted. It's surely over-inclusive, because the MDL Panel occasionally coordinates cases and the litigation then fizzles -- it never truly becomes a mass tort.

The list is also under-inclusive, for at least two reasons. First, it's possible that a mass tort lived its entire life without the MDL Panel ever having coordinated the litigation. (We suspect, however, that that's probably true only for litigation before 1995 or so. For the last decade, the MDL Panel has fairly regularly coordinated product liability cases, so litigants now routinely bring those issues to the Panel.)

Also, the MDL Panel list from which we extracted the information below appears to include only active MDLs. (For example, why isn't the Breast Implant MDL included on this list? We assume because the litigation is over, so the MDL Panel no longer lists it on this page of its website. With a little more effort, you could find those closed cases, too, and we'll probably pursue that avenue off-line. If you need a more comprehensive list, just whistle.)

So, without further ado . . .

(Actually, having said that we cheated to create the list and the list is no damn good, who needs any ado at all?)

. . . we present:

A More or Less Comprehensive List Of the Drug and Device Mass Torts


MDL-865 IN RE Showa Denko K.K. L-Tryptophan Products Liability Litigation (no website)

MDL-986 IN RE “Factor VIII or IX Concentrate Blood Products” Products Liability Litigation (no website)

MDL-1014 IN RE Orthopedic Bone Screw Products Liability Litigation (no website)

MDL-1203 IN RE Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

MDL-1348 IN RE Rezulin Products Liability Litigation

MDL-1355 IN RE Propulsid Products Liability Litigation

MDL-1387 IN RE ProtoGen Sling and Vesica System Products Liability Litigation (no website)

MDL-1396 IN RE St. Jude Medical, Inc., Silzone Heart Valves Products Liability Litigation

MDL-1401 IN RE Sulzer Orthopedics, Inc., Hip Prosthesis and Knee Prosthesis Products Liability Litigation

MDL-1407 IN RE Phenylpropanolamine (PPA) Products Liability Litigation

MDL-1431 IN RE Baycol Products Liability Litigation

MDL-1477 IN RE Serzone Products Liability Litigation

MDL-1481 IN RE Meridia Products Liability Litigation (no website)

MDL-1507 IN RE Prempro Products Liability Litigation

MDL-1574 IN RE Paxil Products Liability Litigation (no website)

MDL-1596 IN RE Zyprexa Products Liability Litigation (no website)

MDL-1598 IN RE Ephedra Products Liability Litigation (okay, okay; we'll include dietary supplements) (no website)

MDL-1626 IN RE Accutane Products Liability Litigation (no website)

MDL-1629 IN RE Neurontin Marketing, Sales Practices and Products Liability Litigation (no website)

MDL-1657 IN RE Vioxx Marketing, Sales Practices and Products Liability Litigation

MDL-1699 IN RE Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation

MDL-1708 IN RE Guidant Corp. Implantable Defibrillators Products Liability Litigation

MDL-1724 IN RE Viagra Products Liability Litigation

MDL-1726 IN RE Medtronic, Inc., Implantable Defibrillators Products Liability Litigation

MDL-1736 IN RE Celexa and Lexapro Products Liability Litigation

MDL-1742 IN RE Ortho Evra Products Liability Litigation (no website)

MDL-1760 IN RE Aredia and Zometa Products Liability Litigation (no website)

MDL-1763 IN RE Human Tissue Products Liability Litigation (no website)

MDL-1769 IN RE Seroquel Products Liability Litigation (no website)

MDL-1785 IN RE Bausch & Lomb Inc. Contact Lens Solution Products Liability Litigation (we'll call this a borderline MDL for this list) (no website)

MDL-1789 IN RE Fosamax Products Liability Litigation (no website)

MDL-1836 IN RE Mirapex Products Liability Litigation

MDL-1842 IN RE Kugel Mesh Hernia Patch Products Liability Litigation

MDL-1871 IN RE: Avandia Marketing, Sales Practices and Products Liability Litigation

MDL- 1905 IN RE: Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation

MDL- 1909 IN RE: Gadolinium Contrast Dyes Products Liability Litigation (no website)

MDL- 1928 IN RE: Trasylol Products Liability Litigation (no website)

MDL-1934 IN RE Epogen and Aranesp Off-Label Marketing and Sales Practices Litigation (no website)

MDL- 1938 IN RE: Vytorin/Zetia Marketing, Sales Practices and Products Liability Litigation (no website)

MDL- 1943 IN RE: Levaquin Products Liability Litigation

MDL- 1953 IN RE: Heparin Products Liability Litigation (no website)

MDL- 1959 IN RE: Panacryl Sutures Products Liability Litigation (no website)

MDL- 1964 IN RE: NuvaRing Products Liability Litigation

MDL- 1966 IN RE: Shoulder Pain Pump - Chondrolysis Products Liability Litigation (no website)

MDL- 1968 IN RE: Digitek Products Liability Litigation

MDL- 1985 IN RE: Total Body Formula Products Liability Litigation (no website)

MDL- 2004 IN RE: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation (no website)

There's a little more information about these MDLs on the MDL Panel website, but we can't link to it directly. From this link, click on "docket information." Then click on "products liability." That will give you the list of MDLs we used. You can click on each individual MDL and get information such as the name of the judge and the court.

1 comment:

Anonymous said...

You forgot MDL 1148, In re Latex Gloves Products Liability Litigation, which was in the EDPA. A very successful litigation for the defendants, who won almost all of the dozen federal and state trials and got dismissals or very favorable settlements in the rest of the cases. Also a notable MDL mass tort because a significant number of cases were remanded and then actively litigated back in their transferor courts.