Johnson & Johnson Fighting Attempts to Consolidate Levaquin Litigation
19 Nov
Johnson & Johnson (the manufacturer of Levaquin) is trying to prevent the first Levaquin lawsuits from being consolidated into a single trial. Plaintiffs’ attorneys want to have the first three “Bellweather” cases tried together. They claim that these cases are very similar; since the plaintiffs have similar injuries, claims, and situations, it is more efficient for the court to handle them as a single trial.
Attorneys for J&J disagree, arguing that the potential differences in the plaintiffs’ medical histories and their unique injuries suffered may confuse the jury.
There are now hundreds of cases pending against Levaquin in state and federal courts. The first cases to go to trial in products liability cases such as this are often the most important ones for both plaintiffs and defendants – if plaintiffs lose, future plaintiffs will find an emboldened defendent and face an uphill battle. However, if the first plaintiffs prevail, oftentimes the defendants may rethink their strategy and might find settlement to be a viable option. (Thus these first cases are referred to as Bellwether cases.)
The majority of the lawsuits allege that the antibiotic medication caused the plaintiffs tendon ruptures, tendonitis, and other tendon injuries.
In July of 2008, the U.S. Food and Drug Administration mandated the manufacturers of the fluoroquinolone class of antibiotics (including Levaquin, Cipro, Avelox & others) to include a “black box” warning label, which states clearly that there is significant risk of tendon injuries for users of these drugs. Prior to that date, any warnings of such injuries were not clearly displayed (allegedly buried in a long list of potential side effects. Currently, the language is clear:
WARNING
Fluoroquinolones, including LEVAQUIN®, are associated with an increased risk of tendinitis and tendon rupture in all ages. This risk is further increased in older patients usually over 60 years of age, in patients taking corticosteroid drugs, and in patients with kidney, heart or lung transplants [See WARNINGS AND PRECAUTIONS].
Source: http://www.injuryboard.com/printfriendly.aspx?id=274696 (Author: Scott Kappes)
I’d love to be involved in this lawsuit but they couldn’t pay me enough for the damages I and my family have suffered!
You’re right Alicia – Money will not take away any of the pain. Lawsuits aren’t for everyone, but it helps to know your options. From what I’m seeing and hearing, there are many thousands of people joining to sue J&J for failing to warn about these risks (and they should). If you want to speak to a lawyer, you can probably find hundreds to choose from on google (or you can contact this blog’s sponsor – their site is http://www.levaquinattorneys.com). I hope your recovery continues as best as possible.
You are so right Alicia, this has been a life changing experience for my family and I also. I want to feel like my normal ole self again. Today is twenty one months exactly and I am still not driving. I still experience severe muscle weakness, stomach problems, anxiety, joint pain and loss of balance. But I do understand how people should be compensated for their pain and suffering. I know it won’t change the fact of all the suffering we have all been through but these drug companies need to start taking peoples lives more serious.