Second Case Management Order Issued For Onglyza Lawsuits

Second Case Management Order Issued For Onglyza Lawsuits

Introduction

On January 9, 2019, the federal Court overseeing the coordinated pretrial proceedings for hundreds of Onglyza lawsuits issued the second Case Management Order, which regulates the production of Plaintiff Profile Forms.

According to the order, the plaintiffs whose cases are currently pending in the MDL are required to submit a complete and verified Plaintiff Profile Form to the defendants by March 1, 2019. Those claimants whose cases were added to the multidistrict litigation after January 15, must submit the form within 75 days from the case inclusion date. The order stated each claimant must furnish records related to Onglyza use, such as pharmacy records confirming that a prescription was refilled by a retail or hospital pharmacy, records showing that samples were recommended by a physician, current medication records involving Onglyza, an affidavit from a healthcare provider attesting that he or she prescribed Onglyza to the plaintiff, and pill bottle(s) used by the plaintiff or decedent. Also, plaintiffs are supposed to submit medical records showing the history of heart failure conditions occurred after taking the Type 2 diabetes medication. The order also stated the parties must submit the Plaintiff Fact Sheet (PFS), Defendant Fact Sheet (DFS), and a proposed Case Management order while the court evaluates Daubert motions about expert witness testimony.  

Onglyza heart-failure lawsuits were centralized last February as part of multidistrict litigation (MDL No. 2809; In Re: Onglyza (Saxagliptin) and Kombiglyze XR (Saxagliptin and Metformin) Products Liability Litigation) in the Eastern District of Kentucky and assigned to Judge Karen K. Caldwell.