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.

SOURCE: Fleet Attorney › Fleet Phospho-soda kidney damage lawsuits consolidated, settled in MDL

Researchers pored over data from more than 3,600 colonoscopies performed at their center and found that the polyp detection rate was higher in the mornings. Specifically, polyps were found in 29 percent of patients who had procedures in the morning compared to 25 percent of patients who had their colonoscopies in the afternoon. Evidence also indicated that detection rates declined in the afternoons.

Researchers say it is unclear why patients who have the procedure in the morning are more likely to have their polyps detected; however, one theory is that physicians may be less attentive or less vigilant in the afternoons than they are in the mornings. Another factor is that men, older patients, and patients with a history of polyps were more likely to have their procedures in the mornings. Those factors could likely have skewed the data, they say.

What the data does indicate is that the notion should be investigated more, researchers add. If physician fatigue does appear to contribute to fewer polyps being detected, then clinics may make changes in how colonoscopies are scheduled, with fewer in the afternoons or as the day progresses.

Source: Reuters

SOURCE: Fleet Attorney › Could morning colonoscopies be more thorough than afternoon ones?