Plaintiffs Seek To Consolidate Elmiron Lawsuits

Plaintiffs Seek To Consolidate Elmiron Lawsuits

Introduction

On September 23, two plaintiffs who claim that the bladder medication, Elmiron, results in permanent vision problems have asked the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate and centralize the cases before U.S. District Judge Brian R. Martinotti in the District of New Jersey.

Elmiron, also known by its generic name pentosan polysulfate sodium, or PPS, is an oral prescription drug that is used to treat pain/discomfort caused by bladder disorder interstitial cystitis, or IC.

The drug is manufactured by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, and was approved by the U.S. Food & Drug Administration (FDA) in 1996. The drug is approved under the Orphan Drug Act or ODA, which gives special status and incentives to sponsors, or manufacturers, of medications that treat rare diseases.

The plaintiffs filed the motion to transfer over the rising number of claims being filed in different U.S. District Courts. The plaintiffs are seeking centralization for coordinated pretrial proceedings and to avoid conflicting pretrial rulings from different courts, avoid duplicative discovery, and serve the convenience of common witnesses, parties, and the judicial system.

The motion has also noted some very similar, if not virtually identical, allegations that the manufacturer is facing.

• Elmiron can cause retinal pigmentary changes and/or maculopathy as supported by, among other things, the growing medical literature.
• Defendants negligently created, designed, researched, developed, manufactured, tested, marketed, advertised, promoted, distributed, and sold Elmiron to the public, including the plaintiffs in the respective actions, and caused their alleged injuries.
• Defendants knew or should have known of the dangers and defects associated with Elmiron.
• Defendants failed to warn of the dangers and defects associated with Elmiron.
• All plaintiffs suffered grave ocular injuries as a result of using the defendant’s defective Elmiron.

Currently, 24 civil actions related to Elmiron are pending before Judge Martinotti, and 39 additional personal injury actions are filed in 10 different federal courts across the country.

The defendant has not yet responded to the motion, and a hearing session is scheduled for December 3, 2020, in San Antonio, Texas, to hear the oral arguments from various parties involved in the lawsuits.