Judge Nixes Last 2 Wrongful Death Suits In Digitek MDL

Law360, New York (November 3, 2011, 9:01 PM EDT) -- A West Virginia judge on Thursday tossed all claims in two product liability cases against the makers and distributors of the heart drug Digitek over deaths allegedly caused by defective pills, effectively ending the multidistrict litigation stemming from a 2008 recall.

U.S. District Judge Joseph R. Goodwin found the plaintiffs in the individual cases — Kathy McCornack and Mimi Rivera-Vega — had failed to prove the decedents had died as a direct result of Digitek.

“The plaintiffs' theory comes down to an attempt to use speculation...
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