Plavix lawsuits will not become a class action lawsuit for discovery purposes because there are not enough cases to justify an MDL, according to an MDL panel of judges.
The court did not suggest that the Plavix cases were not viable lawsuits. The court also believed that the Plavix personal injury or wrongful death cases, do involve the same important common factual issues concerning the development, manufacture, regulatory approval, labeling, and marketing of Plavix. But the panel found that centralizing the cases in a pseudo class action (which is what an MDL is) would delay the progress of the long-pending actions in the District of New Jersey where most of the cases have been filed. Moreover, the court indicated that the “limited number of actions and relatively few involved counsel also weigh against centralization.” In other words, the benefits of getting all of the lawyers together and performing common discovery would not be furthered significantly with an MDL.
You can get more information here on Plavix lawsuits.