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Bextra Lawsuit Filed In California

Order Applicable to All Multi-Plaintiff Product Liability Cases in MDL Proceedings. This Order shall apply to any complaint in which more than one individual plaintiff alleges that he or she took Bextra® and/or Celebrex® and suffered personal injury as a result thereof (“multi-plaintiff product liability actions”). The multi-plaintiff product liability actions are distinguished from the “purchase claims,” as that term is defined in paragraph 21 of Pretrial Order No. 2, and do not include complaints in which only one individual alleges taking Bextra®and/or Celebrex® and suffering personal injury as a result thereof but which involve more than one plaintiff (e.g., cases in which a spouse is asserting only a loss of consortium claim or multiple representatives – such as children – are suing on behalf of an estate). The Order shall apply to all multi-plaintiff product liability actions currently pending in MDL No. 1699 and to all such related actions that have been or will be originally filed in, transferred to, or removed to this Court and assigned thereto. This Order is binding on all parties and their counsel in all such cases currently  pending or subsequently made part of these proceedings and shall govern each such case in the proceedings unless it explicitly states that it relates to specific cases.

Severance of Multi-Plaintiff Product Liability Actions Upon Remand or Transfer. Prior to remand or transfer of any case that is part of these MDL proceedings at any time to another United States District Court, the claims of each individual plaintiff who alleges that he or she took Bextra® and/or Celebrex® and suffered personal injury as a result thereof shall be severed from the claims of any other individual plaintiff who alleges that he or she took Bextra® and/or Celebrex® and suffered personal injury as a result thereof, without further motion by any party in the MDL proceedings or in the court to which the claims are remanded or transferred. Claims made by individuals who are plaintiffs for reasons other than allegedly taking Bextra® and/or Celebrex® and suffering personal injury as a result thereof (e.g., cases in which a spouse is asserting only a loss of consortium claim or multiple representatives – such as children – are suing on behalf of an estate) (“derivative plaintiffs”) shall not be severed from the claims of the individual who alleges that he or she took Bextra® and/or Celebrex® and suffered personal injury as a result thereof from which the derivative plaintiffs’ claims arise. Read more at uscourts.gov


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