Eleven plaintiffs suing makers and distributors of the painkillers Darvon, Darvocet, and generic equivalents over failure to warn of cardiac-related injuries may proceed in a California state court, the federal court overseeing multidistrict litigation held July 2 (Darvocet, Darvon, and Propoxyphene Product Liability Litigation, In re, E.D. Ky., No. 11-2226).
The U.S. District Court for the Eastern District of Kentucky found distributor McKesson Corp., a California citizen like six of the plaintiffs, properly joined.
The court rebuffed the defendants’ preemption argument. It also said California law recognizes product liability against drug distributors, and deemed the complaint factually sufficient. ...
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