Can I File a Darvocet Lawsuit Against an Acetaminophen Manufacturer?
Ever since the FDA recalled the painkiller propoxyphene last November, Darvon and Darvocet lawsuits have continued to pile up against Xanodyne Pharmaceuticals, Inc., the company that distributes the two products. While the sole active ingredient in Darvon is propoxyphene, Darvocet additionally contains acetaminophen (better known by its brand name, Tylenol). Because of this, some individuals injured by Darvocet may be wondering whether they can sue an acetaminophen manufacturer for harm suffered.
While acetaminophen has the potential to cause liver damage and is a dangerous drug in its own right, this does not constitute grounds for a Darvocet lawsuit. The reason that dozens of legal claims have been filed against Xanodyne is that a study conducted by the company at the request of the U.S. Food and Drug Administration (FDA) discovered that propoxyphene can disrupt the heart's normal rhythm, potentially causing a heart attack, stroke, or other cardiac complication. Upon learning about the results of the Xanodyne clinical trials, the FDA issued a market withdrawal of all propoxyphene products (which includes numerous generics in addition to the brand-name Darvon and Darvocet).
Some attorneys are expecting claims against Xanodyne and other propoxyphene manufacturers to eventually number in the thousands and surmise that recoveries from such lawsuits could be in the billions of dollars. If this turns out to be true, it could make Darvon Darvocet lawsuit settlements one of the biggest pharmaceutical settlements of all time.
Darvon (FDA approved in 1957) and Darvocet (FDA approved in 1972), used by tens of millions of Americans over the years for pain relief, have been as controversial as they have been widely prescribed. The group Public Citizen filed petitions seeking a ban of propoxyphene in 1978 and 2006, citing data on the drug's cardiac dangers. Both were unsuccessful, although the consumer advocacy organization's most recent attempt did lead to the FDA's order that Xanodyne perform clinical testing on the drug.
But just because a drug can cause injury does not necessarily mean that its manufacturer can be targeted in a lawsuit. The FDA, in determining whether to permit the marketing of a pharmaceutical product, measures a drug's safety against its benefits. As long as a drug benefits outweighs its risks, it will generally be permitted for sale to the public. This means that dangerous drugs can be (and are) approved by the FDA.
The catch, however, is that the companies that manufacture and distribute dangerous drugs must warn of the products' potentially hazardous side effects. In the lawsuits against Xanodyne, claimants allege that the company knew or reasonably should have known but failed to warn of Darvon and Darvocet side effects. Although the FDA ordered revised product labeling of all propoxyphene products in 2009, this action fails to take into account the many Darvon and Darvocet users who were harmed by the drugs before then.
An important decision on Darvon/Darvocet lawsuits should come later this month, when the Judicial Panel on Multidistrict litigation meets in California. The Rottenstein Law Group will provide up to date information on Darvocet MDL when it becomes available, so be sure to check back. And if you believe that your (or a loved one's) cardiac injury was caused by Darvon, Darvocet, or another product containing propoxyphene, submit the details of your case to RLG for a free claim evaluation. For more than 25 years, the lawyers of RLG have been protecting injured consumers against corporate wrongdoing.
While acetaminophen has the potential to cause liver damage and is a dangerous drug in its own right, this does not constitute grounds for a Darvocet lawsuit. The reason that dozens of legal claims have been filed against Xanodyne is that a study conducted by the company at the request of the U.S. Food and Drug Administration (FDA) discovered that propoxyphene can disrupt the heart's normal rhythm, potentially causing a heart attack, stroke, or other cardiac complication. Upon learning about the results of the Xanodyne clinical trials, the FDA issued a market withdrawal of all propoxyphene products (which includes numerous generics in addition to the brand-name Darvon and Darvocet).
Some attorneys are expecting claims against Xanodyne and other propoxyphene manufacturers to eventually number in the thousands and surmise that recoveries from such lawsuits could be in the billions of dollars. If this turns out to be true, it could make Darvon Darvocet lawsuit settlements one of the biggest pharmaceutical settlements of all time.
Darvon (FDA approved in 1957) and Darvocet (FDA approved in 1972), used by tens of millions of Americans over the years for pain relief, have been as controversial as they have been widely prescribed. The group Public Citizen filed petitions seeking a ban of propoxyphene in 1978 and 2006, citing data on the drug's cardiac dangers. Both were unsuccessful, although the consumer advocacy organization's most recent attempt did lead to the FDA's order that Xanodyne perform clinical testing on the drug.
But just because a drug can cause injury does not necessarily mean that its manufacturer can be targeted in a lawsuit. The FDA, in determining whether to permit the marketing of a pharmaceutical product, measures a drug's safety against its benefits. As long as a drug benefits outweighs its risks, it will generally be permitted for sale to the public. This means that dangerous drugs can be (and are) approved by the FDA.
The catch, however, is that the companies that manufacture and distribute dangerous drugs must warn of the products' potentially hazardous side effects. In the lawsuits against Xanodyne, claimants allege that the company knew or reasonably should have known but failed to warn of Darvon and Darvocet side effects. Although the FDA ordered revised product labeling of all propoxyphene products in 2009, this action fails to take into account the many Darvon and Darvocet users who were harmed by the drugs before then.
An important decision on Darvon/Darvocet lawsuits should come later this month, when the Judicial Panel on Multidistrict litigation meets in California. The Rottenstein Law Group will provide up to date information on Darvocet MDL when it becomes available, so be sure to check back. And if you believe that your (or a loved one's) cardiac injury was caused by Darvon, Darvocet, or another product containing propoxyphene, submit the details of your case to RLG for a free claim evaluation. For more than 25 years, the lawyers of RLG have been protecting injured consumers against corporate wrongdoing.
