In re Incretin Mimetics Products Liability Litigation

TRANSFER ORDER JOHN G. HEYBURN II, Chairman. Before the Panel: Pursuant to 28 U.S.C. § 1407, plaintiffs in two Southern District of California actions move to centralize this litigation, which involves four anti-diabetic medications that plaintiffs contend cause pancreatic cancer, in the Southern District of • California. This litigation currently consists of 53 actions pending in seven districts, as listed on Schedule A.1 All responding parties support centralization. Plaintiffs in fifteen Southern District of California actions and a District of Arizona action support plaintiffs’ motion in its entirety. Defendants2 support centralization in the Southern District of California or, alternatively, the District of Colorado or the Western District of Oklahoma. On the basis of the papers filed and hearing session held, we find that these actions involve common questions of fact, and that centralization of all actions in the Southern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. Plaintiffs in all actions allege that the use of one or more of four anti-diabetic incretin-based medications — Janumet (sitagliptin combined with metformin), Januvia (sitagliptin), Byetta (exenatide) and Victoza (liraglutide) — caused them or their decedent to develop pancreatic cancer. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings (particularly on such matters as Daubert rulings); and conserve the resources of the parties, their counsel, and the judiciary. We are “typically hesitant to centralize litigation against multiple, competing defendants which marketed, manufactured and sold similar products.” In re Yellow Brass Plumbing Component Prods. Liab. Litig., 844 F.Supp.2d 1377, 1378 (J.P.M.L.2012). Plaintiffs in the cases now before us, however, make highly similar allegations about each of the four drugs that manage blood insulin levels and the propensity of those drugs to cause pancreatic cancer. Several plaintiffs took more than one of the drugs at issue, which suggests that discovery specific to the plaintiffs in [1347] those cases will involve many of the same or substantially similar documents and witnesses. Moreover, the involved defendants all support centralization. Accordingly, there are substantial efficiencies to be gained by having all allegations regarding this class of drugs in a single forum. The transferee judge, of course, has substantial discretion to employ any number of pretrial techniques in the structuring of pretrial proceedings in order to accommodate any individual issues that may arise. Defendants also request that the title of this litigation be changed to more accurately reflect the class of drugs involved in the cases now before us. We grant this request. Merck, Amylin and Eli Lilly suggest that the caption be changed to In re GLP-l/DPP-I Products Liability Litigation, while Novo Nordisk suggests In re Incretin-Based Therapies Products Liability Litigation. The latter caption appears to best convey the subject matter of these cases — whether the use of certain incretin-based therapies (which regulate blood insulin levels by either (1) mimicking the incretin hormone GLP-1 or (2) inhibiting the effect of the enzyme DPP-4) leads to the development of pancreatic cancer. The Southern District of California stands out as an appropriate transferee forum for this litigation. The majority of the pending actions, including the first-filed action, have been filed in or removed to this district. Most actions are pending before Judge Anthony J. Battaglia, and discovery in these actions is underway. This district also enjoys the support of all responding plaintiffs and defendants, including defendant Amylin, which developed Byetta in this district and has company offices there. Further, centralization in this district will foster the coordination of this federal court litigation with the pending state court coordinated proceedings in California state court. IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed in Schedule A are transferred to the Southern District of California and, with the consent of that court, assigned to the Honorable Anthony J. Battaglia for coordinated or consolidated pretrial proceedings. IT IS FURTHER ORDERED that the caption of this litigation is changed to In re Incretin-Based Therapies Products Liability Litigation. SCHEDULE A MDL No. 2452 — IN RE: INCRETIN MIMETICS PRODUCTS LIABILITY LITIGATION District of Arizona Jackie Ruiz v. Merck & Company, Inc., et al., C.A. No. 4:13-00228 Mary Jo Andrews v. Merck, Sharp & Dohme Corporation, et al, C.A. No. 4:13-00229 Southern District of California Moses Scott v. Merck & Co., Inc., et al., C.A. No. 3:12-02549 Jan Wright v. Merck & Co., Inc., et al., C.A. No. 3:12-02553 Guy Riley v. Merck & Co., Inc., et al., C.A. No. 3:12-02556 Clara Smith v. Merck & Co., Inc., et al., C.A. No. 3:12-02557 Betty Garber v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-02560 Heidie Skinner v. Merck & Co., Inc., et al., C.A. No. 3:12-02561 Fayette Thomas v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-02562 Linda Raines v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-02566 Hamid Haqq v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-02572 [1348] Christopher Borden v. Merck & Co., Inc., et al., C.A. No. 3:12-02782 Cheryl Ostman v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-02965 Ronald Cacossa v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-03020 Ann Jay v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-03021 James Gray Gilbert, Jr. v. Amylin Pharmaceuticals, Inc., et al., C.A. No. 3:12-03026 Joyce Kovelman v. Merck & Co., Inc., et al., C.A. No. 3:12-03079 Marie Reed v. Merck & Co., Inc., et al., C.A. No. 3:13-00003 Robin Raesky v. Merck & Co., Inc., et al., C.A. No. 3:13-00076 Ralph Thibodeaux v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00126 Vickie Lankford v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00381 Barbara Lenyard v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00515 Lucian Baker v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00516 Dorothy Panko v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00632 Rosalie Duhon v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00662 Jeannie M. Donelan v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00664 Wayne Cser v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00665 Jerome Goldwire, et al. v. Merck & Co., Inc., et al., C.A. No. 3:13-00691 Reita Noe v. Merck & Co., Inc., et al., C.A. No. 3:13-00692 Benny Verania v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00693 Alan S. Burstein, et al. v. Merck & Co., Inc., et al., C.A. No. 3:13-00695 Marty Ward v. Merck & Co., Inc., et al., C.A. No. 3:13-00703 Angelo Consilvio v. Merck & Co., Inc., et al., C.A. No. 3:13-00732 Edward Naufel et al. v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00733 George Haray, et al. v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00734 Marlene Crowell v. Merck & Co., Inc., et al., C.A. No. 3:13-00745 John McGerald v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00747 Molly McLin v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00748 James Skazis v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00750 Beverly Mitchell v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00754 Robert Loftus, et al. v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 3:13-00812 Darrell Stevenson v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00817 Regina Sponaugle v. Novo Nordisk Inc., et al., C.A. No. 3:13-00818 Angela McMurren v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00821 Francisca Anderson v. Merck Sharp & Dohme Corp. et al., C.A. No. 3:13-00823 Juanita A. Benton v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00824 Jeanette Herbel v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00833 [1349] District of Colorado Theresa Graham v. Merck & Co., Inc., et al., C.A. No. 1:13-00878 District of Kansas Venlie Young v. Amylin Pharmaceuticals, LLC, et al., C.A. No. 2:13-02152 Eastern District of Missouri Dawn Mooney v. Merck Sharp & Dohme Corp., et al., C.A. No. 4:13-00598 Western District of Oklahoma Roy Wickioare v. Merck Sharp & Dohme Corp., et al., C.A. No. 5:13-00330 Marion Ross v. Merck Sharp & Dohme Corp., et al., C.A. No. 5:13-00332 Middle District of Pennsylvania Nancy Sylvainus, et al. v. Merck Sharp & Dohme Corp., et al., C.A. No. 3:13-00866 Footnotes [1] The parties have notified the Panel of 44 additional related actions pending in various districts. These actions and any other related actions are potential tag-along actions. See Panel Rule 7.1. [2] Novo Nordisk, Inc. (Novo Nordisk); Merck Sharp & Dohme Corp. (Merck) and Amylin Pharmaceuticals, LLC, and Eli Lilly and Co. (Amylin and Eli Lilly).