Pharmaceutical Drug Litigation Updates

Actavis Said to Pay $12 Million in Digitek Settlement

Quoted from http://www.businessweek.com/news/2010-12-07/actavis-said-to-pay-12-million-in-digitek-settlement.html

Actavis Said to Pay $12 Million in Digitek Settlement

December 07, 2010, 2:31 PM EST

By Jef Feeley and Sophia Pearson

Dec. 7 (Bloomberg) -- Actavis Group hf, a maker of generic drugs, will pay at least $12 million to resolve claims that the company failed to warn consumers its Digitek heart drug was defective, according to people familiar with the settlement.

Officials of closely held Actavis agreed in September to set up a settlement fund to resolve as many as 3,000 lawsuits alleging the drugmaker misled consumers about Digitek, used to treat heart failure and abnormal heart rhythms, three people with direct knowledge of the settlement said. They spoke on the condition of anonymity because they weren’t authorized to speak publicly about the accord.

The settlement, which also covers suits against generic- drug maker Mylan Inc. over its marketing of Digitek, provides an average recovery of at least $4,000 each for consumers who took the defective drugs, the people said. Actavis and Mylan recalled Digitek in 2008 after finding some batches of the pills may have had double the amount of chemical they were supposed to contain.

[Article continues at original source]

Mother sues over son's death

Quoted from http://www.ultimateconroe.com/stories/217807-mother-sues-over-son-s-death

Mother sues over son's death

by Glenna Herald published October 19, 2010 2:54 pm

A Conroe mother is suing a pharmaceutical company, alleging its drug caused her son's death.

Mozell Satcherwhite, on behalf of her deceased son Derrick Satcherwhite, filed suit in Harris

County District Court on Oct. 15, stating that Actavis Totowa and Mylan Pharmaceuticals, and others, failed to exercise ordinary care as the manufacturers, of the drug Digitek.

 

According to the suit, defendants were aware that the drug Digitek was defective, but continued to release it in a safer single dose. Her son Derrick, however, allegedly received a double dose, which resulted in his death.

In her suit, Satcherwhite alleges the double dose of Digitek caused the death of her son Derrick.

It was the responsibility of the defendants, she says, to design, manufacture, market, and sell safer drugs to the public.

Satcherwhite is being represented by Houston attorney Waverly Nolley. She is seeking compensatory and punitive damages, as well as court costs.

 

Harris County District Court Case No. 2010-68449

Judges to evaluate Digitek case experts

Quoted from http://www.wvrecord.com/news/223839-judges-to-evaluate-digitek-case-experts

Judges to evaluate Digitek case experts

12/23/2009

By Steve Korris-Kanawha Bureau

 

CHARLESTON - Judges from four states will gather in Charleston to help U.S. District Judge Joseph Goodwin evaluate experts in litigation over heart medicine Digitek.

Goodwin announced on Dec. 21 that he and judges from West Virginia, New Jersey, Texas and Pennsylvania will conduct a hearing in his court on Oct. 13 and 14.

"The court recognizes that each state may have its own standards and procedures for expert testimony designed to ensure the reliability and relevance of evidence based upon scientific, technical and other specialized knowledge," he wrote.

Goodwin presides over hundreds of Digitek suits by appointment of the U.S. Judicial Panel on Multi District Litigation.

Plaintiffs claim Actavis Totowa and Mylan Pharmaceuticals made and sold Digitek pills that injured consumers.

While the federal panel has sent hundreds of cases to Goodwin, hundreds of other cases remain pending in state courts.

In West Virginia, the Supreme Court of Appeals has consolidated Digitek cases from state courts and assigned them to the court's mass litigation panel.

Circuit Judge Alan Moats of Grafton, chair of the state's mass litigation panel, will join Goodwin at the hearing in October.

So will judges Sandra Mazer Moss of Pennsylvania, Brian Martinotti of Pennsylvania, and Buddie Hahn of Texas.

They will address scientific and technical issues pursuant to a 1993 decision of the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Goodwin wrote.

Digitek MDL judges deny request to transfer cases to Texas judge

Quoted from http://www.wvrecord.com/news/220677-digitek-mdl-judges-deny-request-to-transfer-cases-to-texas-judge

Digitek MDL judges deny request to transfer cases to Texas judge

8/20/2009 8:58 AM By Steve Korris -From LegalNewsline.com

AUSTIN, Texas -- Manufacturers and distributors of heart medicine Digitek succeeded in consolidating 19 personal injury suits from 12 counties, but were taught a lesson in judge shopping.

On Aug. 5, multi district judges in Austin transferred suits against drug maker Actavis Totowa and distributor Mylan Pharmaceuticals to a pretrial judge, but denied a motion to put Jefferson County District Judge Milton Shuffield in charge of the cases.

Presiding Judge David Peeples wrote that "we consider it improper for a motion to seek transfer to a certain court or county."

Plaintiffs' lawyers suing Actavis Totowa and Mylan objected to Shuffield, claiming he was a former partner of two defense lawyers in the litigation.

[Article continues at original source]

Drug companies says there are bogus Digitek suits

Quoted from http://wvrecord.com/news/contentview.asp?c=220452

Drug companies says there are bogus Digitek suits

8/7/2009 8:00 AM By Steve Korris -Kanawha Bureau

CHARLESTON - Drug companies Actavis Totowa and Mylan Pharmaceuticals claim they have detected bogus lawsuits in national litigation over heart medicine Digitek.

"It is clear that many cases without any merit have been filed," Richard Dean of Cleveland wrote to U.S. District Judge Joseph Goodwin on July 14.

Goodwin presides over Digitek suits from around the nation by appointment of the U.S. Judicial Panel on Multi District Litigation.

Plaintiffs started suing Actavis Totowa and Mylan Pharmaceuticals last year, alleging injuries from adulterated and misbranded pills.

A Food and Drug Administration recall triggered the litigation.

[Article continues at original source]