If Approved, Darvon Victims Will Benefit From MDL
Many legal claims have been raised against the manufacturers of Darvon and Darvocet, less popularly known by their generic name, propoxyphene. Xanodyne Pharmaceuticals, the maker of Darvon, is the first company to withdraw the said drug from the market under the Food and Drug Administration’s request. That said, it is expected that hundreds of lawsuits will be arranged against the company. In particular, Kristine Esposito, who is currently residing in Queens, New York, already filed a Darvon lawsuit as a response to her complaints that the drug has allegedly caused her a number of heart problems other disturbing symptoms. Her attorneys are strongly requesting for a multi-district litigation or MDL to be filed against Darvon.
One research study concluded the relationship between propoxyphene and irregular cardiac rhythms, thereby validating Esposito’s claim. According to the study, the QT interval that can be seen in a heart monitor becomes quite lengthened for a patient experiencing Darvon-induced complications. The problem here is that Xanodyne might be able to find a way to dismiss this finding. After all, there are many factors that contribute to the disruption of the heart’s normal sinus rhythm. As such, a Darvon victim who already has a pre-existing heart condition might find the case hard to defend, since the illness itself can be the direct cause of the abnormalities that are claimed to be induced by propoxyphene. This concept on specific causation becomes a major drawback, and will definitely come as a challenge for the lawyers because they have to prove that Darvon alone is the chief cause of adverse effects and complications, such as palpitations, cardiac depression and many more.
In Esposito’s individual situation, her case might be strong. Because she is a healthy and young individual with no apparent heart problems before Darvon was prescribed, the drug may be pointed out as the main cause of the complications. Other victims are now encouraged to arrange and file their Darvon lawsuit, so that all cases can be fused into one MDL. The advantage of an MDL is that stronger cases can actually help the weaker ones. This will indeed help the victims claim the monetary compensation for damages, such as pain and suffering.
