IN RE: ELMIRON (PENTOSAN POLYSULFATE SODIUM) PRODUCTS LIABILITY LITIGATION (2020)

TRANSFER ORDER

Before the Panel: Plaintiffs in the District of New Jersey Dobbins action move under 28 U.S.C. § 1407 to centralize this litigation involving retinal injuries associated with the use of Elmiron (pentosan polysulfate sodium). Plaintiffs seek centralization in the District of New Jersey. Plaintiff's motion included 63 actions pending in eleven districts, as listed on Schedule A, as well as 65 potentially-related actions.¹

No responding party opposes centralization. Plaintiffs in 42 actions support centralization in the District of New Jersey. Certain of these plaintiffs propose alternative transferee districts of the Eastern District of Pennsylvania or the Southern District of Florida. Responding plaintiffs in 33 cases support centralization in the Eastern District of Pennsylvania. Plaintiffs in the Southern District of Ohio Gruppo action support centralization in the Southern District of Ohio. Defendants ² do not oppose centralization in the District of New Jersey

After considering the argument of counsel,³ we find that centralization of these actions in the District of New Jersey will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The actions involve common factual issues concerning the propensity of Elmiron to cause retinal injuries, notably atypical or pigmentary maculopathy. Several defendants have marketed Elmiron since its approval in 1996. This litigation likely will implicate complex scientific and regulatory issues. Centralization will eliminate duplicative discovery; avoid inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary.

While any number of proposed transferee districts could ably handle this litigation, we are persuaded that the District of New Jersey is the appropriate transferee district. Several defendants are based in New Jersey, and relevant witnesses and documents likely will be found there. Defendants and many plaintiffs support centralization in this district. Judge Brian R. Martinotti is a jurist well-versed in the nuances of complex, multidistrict litigation, and he already has taken steps to organize this litigation, which the parties estimate may grow by several hundreds of cases. We are confident that Judge Martinotti will steer this litigation on a prudent course.

IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the District of New Jersey are transferred to the District of New Jersey and, with the consent of that court, assigned to the Honorable Brian R. Martinotti for coordinated or consolidated proceedings with the actions pending there and listed on Schedule A.

SCHEDULE A

MDL No. 2973 — IN RE: ELMIRON (PENTOSAN POLYSULFATE SODIUM) PRODUCTS LIABILITY LITIGATION

 Northern District of Alabama

HOWELL v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-00993

 Southern District of California

JACKSON v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-01266

 Middle District of Florida

O'FLAHERTY v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-00330

SHAW v. JOHNSON & JOHNSON, ET AL., C.A. No. 5:20-00390

 Southern District of Florida

RANDAZZO v. JOHNSON & JOHNSON, ET AL., C.A. No. 0:20-61721

HAMBLETT v. TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., ET AL., C.A. No. 1:20-23144

MONTGOMERY v. TEVA BRANDED PHARMACEUTICAL PRODUCTS R & D, INC., ET AL., C.A. No. 1:20-23380

CRAYNE v. JOHNSON & JOHNSON, ET AL., C.A. No. 1:20-23500

 Western District of Missouri

METZGER v. BAKER NORTON U.S., INC., ET AL., C.A. No. 4:20-00543

JOHNSON v. BAKER NORTON U.S., INC., ET AL., C.A. No. 4:20-00544

 District of New Jersey

HULL, ET AL. v. TEVA PHARMACEUTICALS USA, INC., ET AL., C.A. No. 3:20-07079

WORDEN v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-06070

MAYOU, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-07750

EDWARDS v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-07753

COMSTOCK v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-07756

BREWER, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-07758

MCCALL, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-08074

DOBBINS, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-09530

DUBOIS v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-10080

JOHNS v. ALZA CORPORATION, ET AL., C.A. No. 3:20-10341

LEVY v. ALZA CORPORATION, ET AL., C.A. No. 3:20-10342

YORK v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-10960

RODGERS v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-10966

SHAFFER v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-10968

HOLMBERG, ET AL. v. ALZA CORPORATION, ET AL., C.A. No. 3:20-11440

GROUDAN v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-11912

EVANS v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-11913

SCOTT v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-11919

KOTZ v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-11921

VESCIO v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-12264

EMMONS v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-12328

LAFAVE v. TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., ET AL., C.A. No. 3:20-12421

ANTHONY, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-12605

HARDY, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 3:20-12608

 Middle District of North Carolina

ECHERD v. JOHNSON & JOHNSON, ET AL., C.A. No. 1:20-00718

PARKER v. JOHNSON & JOHNSON, ET AL., C.A. No. 1:20-00769

 Northern District of Ohio

WILLAMAN v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 4:20-01984

 Southern District of Ohio

HOPKINS v. JOHNSON & JOHNSON, ET AL., C.A. No. 1:20-00675

 Eastern District of Pennsylvania

PISCO v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-02147

ENGLISH v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-02150

ALLEN v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-02183

DAVIS v. JANSSEN PHARMACEUTICAL, INC., ET AL., C.A. No. 2:20-0220

GASSMAN v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-2234

MOTT v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-02871

PELCZAR v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-03056

SPICE v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-03345

MAINES v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04021

HOPPER v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04024

WARE, ET AL. v. JANSSEN PHARMACEUTICALS, INC., ET AL., C.A. No. 2:20-04053

CUTAIA v. TEVA PHARMACEUTICALS USA, INC., ET AL., C.A. No. 2:20-04133

MCBRAYER v. TEVA PHARMACEUTICALS USA, INC., ET AL., C.A. No. 2:20-04153

BAKER v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-04157

DAVIDSON v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-04158

PRITCHARD v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-04160

WHEELER v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-04162

BANKS v. TEVA PHARMACEUTICALS USA, INC., ET AL., C.A. No. 2:20-04179

HOLBROOK v. JANSSEN PHARMACEUTICALS INC., C.A. No. 2:20-04389

REITZE v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04394

SCHEIBE, ET AL. v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04397

SMITH v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04423

TIRRELL v. JANSSEN PHARMACEUTICALS, INC., C.A. No. 2:20-04488

 Eastern District of Wisconsin

TOWNSEND v. JANSSEN ORTHO LLC, ET AL., C.A. No. 2:20-01256

BIRD v. JOHNSON & JOHNSON, ET AL., C.A. No. 2:20-01309

FOOTNOTES

1.   These actions, and any other related actions, are potential tag-along actions. See Panel Rules 1.1(h), 7.1 and 7.2.

2.   Janssen Pharmaceuticals, Inc.; Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc., and Bayer US L.L.C.; and Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., IVAX LLC, Baker Norton U.S., Inc., and Baker Norton Pharmaceuticals, Inc.

3.   In light of the concerns about the spread of COVID-19 virus (coronavirus), the Panel heard oral argument by videoconference at its hearing session of December 3, 2020. See Suppl. Notice of Hearing Session, MDL No. 2973 (J.P.M.L. November 16, 2020), ECF No. 139.

KAREN K. CALDWELL, Chair