Proton Pump Inhibitors (PPI) have officially been centralized in the District of New Jersey by the Judicial Panel on Multi-District Litigation (JPML) on the evening of August 2nd, 2017. More than (60) cases of the (161) constituent actions are already pending in the District of New Jersey. Judge Claire C. Cecchi will oversee Proton Pump Inhibitors MDL-2789. This was the plaintiff’s second motion to centralize after a denied request took place in January of 2017. The JPML reserves the right to grant additional motions to centralize under significant circumstances and that’s exactly what they determined from a recent federal hearing in Los Angeles on August 3rd, 2017.
One of the key differences with this motion to centralize was having support from (2) of the primary defendants; AstraZeneca and Pfizer. Meanwhile, Proctor and Gamble “do not oppose centralization” while both Takeda and Novartis opposed centralization. It should be noted the panel opposed Takeda’s request to be carved out of the MDL, considering there are a large number of “mixed use” cases filed with the potential to increase significantly.
Another point of contention is the fact each of these defendants are competitors and there are concerns over the protection of trade secrets, etc. The JPML addressed this concern by stating, “The transferee judge has wide discretion as to how the MDL should be defined”. They continue to express the transferee judge may establish separate discovery, motion tracks and manage pretrial proceedings efficiently. This could be a non-issue as most of these medications no longer have patent protection.
For more information, including case acquisition, please call (480) 970-1180 to speak with a representative of Velawcity.