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)















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