C.B. Fleet Seeking Consolidation of Phospho-Soda Cases

Jamie Sheller
Attorney
(866) 735-1102 Ext 475
Posted by Jamie ShellerMay 28, 2009 1:04 PM

In December 2008, C.B. Fleet Co. recalled Fleet Phospho-Soda after the FDA announced that when taken at high doses, oral sodium phosphate products increase the risk of kidney injury. Oral sodium phosphate products like Fleet Phospho-Soda are sold as laxatives. However, for a number of years, Fleet has marketed the use of Fleet Phospho-Soda at double doses as a bowel cleanser for colonoscopy preparation. Lawsuits are pending against C.B. Fleet, alleging that the plaintiffs suffered acute phosphate nephropathy after taking double doses of Fleet Phospho-Soda. According to C.B. Fleet, there are at least 38 federal lawsuits pending in 13 different states. Recently, the company filed a motion seeking to have all of the federal lawsuits consolidated in one court as part of a multidistrict litigation or MDL. C.B. Fleet argues that such centralization will be more convenient for the parties and witnesses, and will promote efficiency.

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