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Hurtado v. Purdue Pharma Co.1/24/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
The plaintiffs, all prescribed users of the pain reliever drug OxyContin, seek an order of this court certifying them as representatives of a class of similarly prescribed users in a class action against the defendant manufacturers and distributors of the drug. This court finds that a class certification is not appropriate because of the different reasons and methods by which the drug was prescribed and used.
However, this court finds that there are some common issues of law and fact, especially the discovery issues concerning the defendant manufacturers and distributors, which would be repetitive, costly and inefficient if the cases were allowed to remain before multiple judges in different counties. Therefore, it is appropriate that these cases, and such other cases in other counties of the New York Supreme Court be coordinated before one justice pursuant to New York Rules for Trial Courts §202.69. Accordingly, this case is remanded forthwith to the New York Litigation Coordinating Panel for review and further disposition.
FACTS
The plaintiffs, Pedro Hurtado, Reinee Pitt, James Wilson, Timothy Cosentino, and Frank Nostro on behalf of themselves and others similarly situated, brought this action for class certification pursuant to NY CPLR §901 and 902 against Purdue Pharma Co., Purdue Pharma L.P., Purdue Pharma, Inc., Purdue Frederick Company, The P.F. Laboratories, Inc., Abbott Laboratories, and Abbott Laboratories, Inc.
OXYCONTIN
OxyContin, which is manufactured by the defendant, Purdue Pharma Company ("Purdue"), is the trade name for a prescription control released opioid analgesic drug sold in tablet form that contains oxycodone hydrochloride. The drug is produced in various dosages and is advertised to provide smooth and sustained 12-hour pain relief for moderate to severe pain. Oxycodone is a Schedule II controlled substance under the Federal Controlled Substances Act of 1970 and therefore requires a prescription for its use pursuant to 21 USC §843(a). The defendant developed, patented, manufactured, marketed and distributed OxyContin, which was approved by the Federal Food and Drug Administration ("FDA") for sale in 1995. The original use of the drug which was approved by the FDA, was for the management of moderate to severe pain in cancer patients where the use of an opioid analgesic was to provide smooth and sustained 12 hour relief for a limited period of time and was prescribed in various dosages.
The Purdue defendants collectively designed, manufactured, patented, developed, marketed and distributed OxyContin throughout the United States, including New York. The Purdue Frederick Company is a New York corporation. Abbott Laboratories and Abbott Laboratories, Inc. (collectively known as "Abbott") have a co-promotion agreement with Purdue to promote and sell OxyContin to hospitals, acute care and free-standing ambulatory care facilities throughout the United States, including New York.
In December 1995 OxyContin was launched for sale to the public. In its first year, sales were less than $200 million. Since then, total annual sales in the United States surpassed $1.6 billion, representing more than six million prescriptions.
Plaintiffs seek certification of the following class:
"All present or present residents of the State of New York, who, between January 1, 1996 and the date of the Court's Order certifying the class (I) were prescribed OxyContin and thereafter suffered and/or continue t
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