Fleet Phospho-soda kidney damage lawsuits consolidated, settled in MDL

Judge Dan Polster of the United States District Court for the Northern District of Ohio recently issued a settlement order consolidating Fleet Phospho-soda laxative litigation. The order is Oral Sodium Phosphate Solution (OSPS) MDL 2066. The settlement will resolve most cases involving injuries caused by Fleet Phospho-soda.

The transfer order, filed June 23, 2009, consolidated 38 actions under Section 1407 in the Northern District of Ohio. The MDL was  assigned to the Honorable Ann Aldrich for coordinated or consolidated pretrial proceedings. According to the order, the Panel on Multidistrict Litigation determined all actions included in the suit share factual questions relating to oral sodium phosphate solution-based (OSPS) products manufactured and sold by Fleet. Since the MDL was formed, the number of cases transferred to the MDL has grown to more than 100.

Plaintiffs in these cases challenge the safety of the Fleet OSPS products and allege personal injuries stemming from their use of those products. In particular, plaintiffs allege high doses of OSPS products could lead to acute phosphate nephropathy, a type of kidney injury, and that Fleet knew of the risks associated with high doses of OSPS but downplayed or obscured those risks.

An April 20, 2010, Fleet and the Plaintiffs Executive Committee (PEC) for the MDL reached agreement in principle upon essential settlement terms. On June 14, 2010, the Insurers, Fleet and the PEC came to a common agreement on all principal terms, and outlined a full settlement agreement on these cases.

Read the MDL 2066 transfer order.