fredag 11 april 2014

Plaintiff Failed to Prove Product Identification in Propoxyphene Case Against Xanodyne, Ky. Judge Rules

This is - to my knowledge - the first verdict from Judge Danny C. Reeves at Kentucky East in terms of the planned trials of the analgesic Propoxyphene (Darvon and Darvocet). 

The preparation was banned in the USA November 19th - 2010 and since then, hundreds of lawyers have disputed whether it is at all to be any lawsuits at all. 
It is a judgment of the Supreme Court - PLIVA, INC.., ET AL. v. MENSING  which complicates things. Who is responsible if the side effects suffered by the user, the bolding the petitioner of the preparation or the selling generics? 
This is the letter that Judge Reeves published April 10, 2014, and mainly addressing plaintiff Judy Schiller.
COVINGTON, Ky. — A Kentucky federal judge has granted Xanodyne Pharmaceuticals Inc. summary judgment in propoxyphene injury case, finding the plaintiff failed to show that she ingested a propoxyphene-containing product manufactured by the drug maker.
On April 7, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky explained that Ohio law requires proof of product identification as a prerequisite to liability.

Ohio resident Judy Schiller sued Xanodyne Pharmaceuticals Inc., alleging injury caused by propoxyphene-containing prescription drugs. Her suit was transferred to the Eastern District of Kentucky for inclusion in the Darvocet/Darvon multidistrict litigation proceedings ...

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