Double Strength Federal Digitek Suits Consolidated to West Virginia
 
-Huntingtonnews.net
 
08/29/2008- The United States Judicial Panel on Multidistrict Litigation has ordered that all federal lawsuits related to defective, double strength Digitek (commonly known as Digitalis or Digoxin ) be moved to the U.S. District Court for the Southern District of West Virginia.
 
The action comes after an April 2008 recall on all lots of the prescription drug after discovery that some tablets twice as thick as normal contained double the appropriate amount of medication.
 
At least 60 lawsuits have been filed in federal courts across the country. Defendants include Actavis Totowa, LLC, Actavis, Inc., Actavis Elizabeth, LLC, Actavis US, Mylan, Inc., Mylan Pharmaceuticals, Inc., Mylan Laboratories, Inc., Mylan Bertek Pharmaceuticals and UDL Laboratories, Inc.
 
Seventeen of the pending federal suits have been filed in the Southern and Northern District of West Virginia. The other pending cases come from Cleveland, Ohio; New Orleans, La.; Chicago, Ill.; Philadelphia, Pa.; Ft. Myers, Fla.; and Kansas City, Mo. At the time of the transfer order, potentially another 50 “related actions” had been filed.
 
A motion has been filed regarding overdose cases filed in West Virginia state courts too. If granted, the cases would be consolidated under one state court judge.
 
Under federal court procedures, the purposes of transferring all cases to one judge for pretrial rulings eliminates duplicative discovery and inconsistent pretrial rulings. Unlike a “class action,” where all suit are tried together, the Multi District Litigation (MDL) relates to pre-trial actions only. If a resolution or settlement is not reached, the cases go back to their respective districts for trial.
 
For instance, the mortgage suits involving Countrywide have been consolidated to a Kentucky federal court, and, the ongoing litigation from the September 11, 2001 attacks (In re Terrorist Attacks on September 11, 2001) were placed under Judge George Daniels, Dec. 9, 2003.
 
Judge John G. Heyburn II, chairman of the Panel on Multidistrict Litigation wrote of the Digitek cases: “On the basis of the papers filed and the hearing session held, we find that the actions in this litigation involve common questions of fact, and centralization… in the Southern District of West Virginia will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. All actions share factual questions relating to the manufacture and sale by defendants of allegedly adulterated Digitek, which was recalled in April 2008.”
 
The combined cases will be assigned to Judge Joseph R. Goodwin, who the order described as an “experienced MDL transferee judge with a docket that will allow him to devote the needed attention to these cases.” Download the order here
 
Mylan Pharmaceuticals, Inc. has its principal place of business in Morgantown, W.Va. It is a leader in developing, manufacturing and marketing generic pharmaceutical products.
 
The drug is used to treat atrial fibrillation, atrial flutter and heart failure. Ingestion of a toxic amount of the drug can result in visual changes, palpitations, irregular pulse, cold sweats and digitalis toxicity (which results from a build up of the drug in the body).

If you are currently taking Digitek (digoxin) and have concerns about its safety, you should consult with your doctor regarding your treatment options. Under no circumstances should you discontinue taking any medication, including Digitek (digoxin) , without first consulting with your doctor. If you or a loved one have suffered due to DIgitek (digoxin) side effects contact the Digitek Attorneys of Ennis & Ennis, P.A. by filling out our free Digitek case evaluation form or by calling the toll-free number listed below.