Lawsuits filed against makers of Oral Sodium Phosphates (OSPs) have been increasing since the U.S. Food & Drug Administration (FDA) issued a black box warning on some of those drugs late in 2008 and one of the manufacturers, C.B. Fleet, pulled the products off of the market. So many lawsuits have been filed that Fleet has requested that a multi-district litigation (MDL) be created to deal with those lawsuits.

OSP product liability lawsuits increase

Approximately 70 lawsuits have been filed, over half of those in federal court, against C.B Fleet, a manufacturer of over the counter OSPs. OSPs are laxatives commonly given to patients to cleanse the bowels prior to procedures such as colonoscopies, endoscopic and radiologic examinations and surgeries. Since the 1990’s, manufacturers (including Fleet) have recommended that patients take double the dosage prior to examinations. However, that double dosage has led to a form of kidney damage known as acute phosphate nephropathy (APN) – which causes phosphate crystals to form within the renal tubules and may cause renal failure.

The lawsuits have been filed in at least 13 states and that number has steadily increased since Fleet, which manufactured over the counter bowel preps, Fleet Phospho-soda and Fleet Phospho-soda EZ-Prep, pulled those products off the market after the FDA linked the drugs to APN.

Manufacturer requests MDL

Fleet has requested that an MDL be created to avoid inconsistent rulings, duplicative discovery and to serve the convenience of the parties and witnesses. The company has proposed that the cases be consolidated in the Northern District of Ohio. A hearing on the matter is scheduled for late May.

For additional information, see the FDA’s website and Fleet’s recall notice.

If you’ve been injured due to OSPs, contact an experienced products liability attorney to discuss your situation and evaluate your options. Consultations with a lawyer are free, without obligation and are strictly confidential.