Experts at the Food & Drug Administration say Invokana can increase the risk for life-altering side effects, including diabetic ketoacidosis and foot and toe amputations. Now, hundreds of patients have filed suit against Janssen Pharmaceutical, the diabetes drug’s manufacturer.
- 900+ Invokana lawsuits
- Consolidated in New Jersey federal court
- Bellwether trials on horizon
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If you’re reading this page, you probably saw a television commercial informing patients and members of the public that Invokana, one of the country’s most popular type 2 diabetes drugs, has been put at the center of a growing litigation. These ads, which usually run during local broadcasts, are produced by law firms. And while our own attorneys don’t produce TV commercials, we are committed to providing patients and families with the up-to-date information on today’s most important legal issues.
Invokana MDL Includes More Than 900 Claims
Over 900 Invokana lawsuits are consolidated in the US District of New Jersey. Centralized under the guidance of District Judge Brian Martinotti, the hundreds of claims have been filed by patients and families who say Invokana, one of the country’s most popular new type 2 diabetes drugs, can cause severe side effects.
Many of these patients are struggling to overcome serious complications, from kidney failure to lower limb amputations. Their allegations are now supported by multiple warnings issued by the US Food & Drug Administration, including a recent announcement on the link between Invokana and foot and toe amputations.
They have been joined in their pursuit of compensation by hundreds of families who lost loved ones to Invokana-linked risks and are seeking damages in wrongful death cases. Together, all of these plaintiffs will be able to work toward common goals in New Jersey, gathering evidence and developing legal arguments to present at trial.
Could Consolidated Litigation Lead To Settlement?
There is, of course, no guarantee that any of the cases will ever actually reach trial. Janssen Pharmaceutical, the Johnson & Johnson-subsidiary that manufactures Invokana, could settle all of the claims at once. While that seems rather unlikely, it’s certainly true that the structure of Multi-District Litigation is geared toward settlement.
Many MDL judges schedule mandatory settlement conferences as discovery proceeds, bringing plaintiffs’ attorneys and defense counsel to the table for conversations about resolving the litigation. Although Judge Martinotti hasn’t taken this step yet, the Judge has started working toward bellwether trials.
Twelve Bellwether Trials Coming Soon
In July 2017, Judge Martinotti issued a Case Management Order to instruct plaintiffs and Janssen to select 12 lawsuits that should go to trial before all of the others. Six of these trials will involve Invokana’s link to diabetic ketoacidosis, a condition in which the blood becomes overburned by acids. Another six will focus on kidney injuries. At this point, no bellwether trials are planned to rule on the issue of amputation, but with future lawsuit filings, we can certainly expect the matter to be addressed soon.
What’s the point of these initial trials? There are two primary goals, really. The first is simply to try twelve lawsuits. These are real cases, with real injury victims and real jury verdicts. The decisions handed down in these bellwether trials won’t directly impact any of the other lawsuits, but they will have major ramifications for thousands of other plaintiffs.
Trial Results Influence Settlement Negotiations
Bellwether trials are held, in large part, to help both sides in a legal dispute understand where they stand on the evidence and arguments. How does a real jury view the evidence you’ve presented? Was it convincing? After a series of bellwether trials, the Invokana plaintiffs and Janssen will have actual answers to these questions.
And these answers will come to affect settlement negotiations. A defendant who loses several trials is put on the back-foot, losing leverage as the future begins to look grim. Likewise, a group of plaintiffs who are defeated in their bellwethers probably won’t be able to demand as much compensation for their injuries. The main function of bellwether trials, then, is to provide structure to settlement conferences, as both sides in the dispute attempt to avoid a protracted and costly litigation.
The Invokana litigation is growing swiftly, but there is still time for patients and families who have yet to file suit. If you or a loved one suffered injury after being prescribed Invokana, contact our experienced product liability attorneys now for a free consultation. Our lawyers are now investigating cases of diabetic ketoacidosis, amputation and kidney failure. To learn more about case eligibility, call us today or complete our online contact form.