JPML Agrees To Centralize Elmiron Cases Over Vision Problems

JPML Agrees To Centralize Elmiron Cases Over Vision Problems

Introduction

On Tuesday, the United States Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order, stating that the panel finds the centralization of Elmiron lawsuits in the District of New Jersey will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.

Elmiron, also known by its generic name pentosan polysulfate sodium, or PPS, is an oral prescription drug used to treat pain/discomfort caused by bladder disorder interstitial cystitis, or IC. Recently, it has been discovered that the drug might lead to severe retinal injuries and permanent vision problems, following which many users have filed lawsuits.

In September, a consolidation request was filed by the plaintiffs who allege Johnson & Johnson (J&J) and its subsidiary Janssen Pharmaceuticals for failing to warn about the side effects associated with the IC drug. The request included 63 actions pending in eleven districts, as listed on Schedule A of the attached transfer order, as well as 65 potentially-related actions. The plaintiffs asked the JPML to centralize the cases before Honorable Brian R. Martinotti in New Jersey.

The recent order notes that no responding party opposes the centralization, which will eliminate duplicative discovery, avoid inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

The centralization in the District of New Jersey is supported by plaintiffs in 42 actions, whereas some plaintiffs proposed alternative transferee districts of the Eastern District of Pennsylvania or the Southern District of Florida. Responding plaintiffs in 33 cases support centralization in the Eastern District of Pennsylvania, and plaintiffs in the Southern District of Ohio Gruppo action support centralization in the Southern District of Ohio.

The order concludes that the lawsuits listed on Schedule A and pending outside the District of New Jersey are transferred to the District of New Jersey and will be presided by Judge Martinotti for coordinated pretrial proceedings.