Filed In October 2016, Defendants' MDL Motion Requests 34 Eliquis Cases Be Transferred To U.S. District Judge Lewis A. Kaplan In Southern District Of New York
On October 13, 2016 attorneys for Bristol-Myers Squibb Company and Pfizer Inc. filed with the United States Judicial Panel on Multidistrict Litigation (JPML) this court document, "BRISTOL-MYERS SQUIBB COMPANY AND PFIZER INC.’S MOTION FOR TRANSFER OF RELATED ELIQUIS (APIXABAN) PRODUCTS LIABILITY ACTIONS FOR COORDINATED PRETRIAL PROCEEDINGS PURSUANT TO 28 U.S.C. § 1407, which will refer to as "Defendants' MDL Motion" hereafter.
As for why these two drug companies think that Eliquis lawsuits filed in the federal court system should be consolidated as a Multidistrict Litigation (MDL) case, we get these contentions from the aforementioned Defendants' MDL Motion:
Bristol-Myers Squibb Company (“BMS”) and Pfizer Inc. (“Pfizer”) (collectively, “Defendants”)... bring this Motion.... In support of this Motion, BMS and Pfizer state as follows:
1. To date, there are 34 pending products liability actions filed against BMS and Pfizer in 13 different federal districts, alleging that the Plaintiffs were injured as the result of bleeding or a bleeding-related incident after taking Eliquis (also known by its molecular name apixaban), an anticoagulant designed, manufactured, and marketed by Defendants.
2. While the claims vary slightly among the various complaints, the crux of the Related Actions is that each Plaintiff experienced bleeding while taking Eliquis, and that Defendants should be held liable for Plaintiffs’ injuries under a variety of theories, including that: (1) Defendants failed to warn adequately about the risk of bleeding; and (2) Defendants should not have sold Eliquis without precautions for blood monitoring or an additional drug to reverse its anticoagulant effect. Thus, Plaintiffs’ claims are based on a common set of core facts.
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Next, from that same court document, here is why BMS and Pfizer believe that their requested Eliquis MDL should be established in a specific federal court they have identified:
5. The Southern District of New York is the most suitable district for transfer and coordination, because: (a) Defendants’ headquarters are located in that district, and thus relevant witnesses and documents are located there; (b) it is easily accessible for litigants and witnesses; (c) almost half (16) of the related actions have been filed there, while no other district has more than four related actions; and (d) it is a district with substantial experience with multi-district litigations (“MDLs”), including several of the judges assigned to the Related Actions.
In a separate court document, "BRISTOL-MYERS SQUIBB COMPANY AND PFIZER INC.’S MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR TRANSFER OF RELATED ELIQUIS (APIXABAN) PRODUCTS LIABILITY ACTIONS FOR COORDINATED PRETRIAL PROCEEDINGS PURSUANT TO 28 U.S.C. § 1407", the two drug companies suggest to the JPML that this possible Eliquis MDL be assigned to U.S. District Judge Lewis A. Kaplan.
It is currently anticipated that the Defendants' MDL Motion will be considered by the JPML at the upcoming hearing session scheduled for January 26, 2017, in Miami, Florida.
Be assured we will be watching for the JPML's determinations about the requested creation and suggested assignment of this federal court Eliquis MDL case.
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