The Invokana Lawsuit
Invokana (canagliflozin), Invokamet and other SGLT2 inhibitors are a new development in the battle against diabetes. In the same manner, the side effects and dangers of these medications are only recently being made known to the general public through consumer protection communities and a number of lawsuits that are in various stages of litigation.
Invokana lawyers are presently reaching out to victims of the drug. If you have been prescribed any of these popular diabetes medications, you may be entitled to compensation for injuries suffered from side effects and adverse reactions.
Were you injured by Invokana? Speak with an attorney who can help.
The first legal blow to Invokana and its Johnson & Johnson-owned manufacture Janssen Pharmaceuticals, took place in Canada in September of 2015. In a class action filed under Canadian law, the complaint alleges negligence in testing Invokana and failing to warn doctors of serious possible side effects.
Close on the heels of the Canadian lawsuit, an individual suit was filed in Philadelphia Pennsylvania Federal Court on December 10, 2015. The plaintiff in this case, a male who alleges that after just 3 months of using the drug, he was diagnosed with diabetic ketoacidosis. This underlies the fact that taking Invokana and other sodium-glucose transport inhibitors, even for a short period of time, can lead to terrible side effects.
Just days later the second United States Invokana case was filed in Alabama. This complaint was on behalf of a woman who began taking the prescription in December 2014 and quickly developed diabetic ketoacidosis. This plaintiff claims that the drug’s manufacturers failed in their duty of care to adequately inform her of this serious risk and that they have likewise neglected to do so with consumers from all across the nation. Again, the plaintiff only took Invokana for a few months before developing symptoms.
Other lawsuits have followed across the country on behalf of individual clients through April of 2016 and more are expected to follow. There has not yet been a Multidistrict Litigation Hearing on Invokana, although if cases are continued to be filed an MDL is imminent.
Getting to the Courthouse: Class Actions versus the Multidistrict Litigation
Medical recall and defect cases such as those developing around Invokana are handled in one of two ways —through a class action lawsuit, also known as a class suit or representative action, or through a Multidistrict Litigation (MDL). While these two processes have some similarities, they are vastly different in a few ways.
Class Action Lawsuit
In a defective medical product action a class action lawsuit provides a format for a select few individuals to pursue claims against a defendant, in this case Johnson & Johnson, by representing all the other victims who are similarly situated. In essence, one group of people stands in the shoes of all the others against the defendant company. Obviously, this type of an action can be problematic in that side effects and injuries suffered, and the severity of these injuries, vary depending on each victim’s unique patient history and situation. For this reason, filing an individual lawsuit against Johnson & Johnson may be the best method for receiving a full recovery for injuries caused by Invokana. This is where the Multidistrict Litigation process comes into play.
Multidistrict Litigation (MDL)
In the situation where a number of victims file separate and individual lawsuits across the country alleging injuries and other damages caused by canagliflozin medications, these legal actions will be consolidated for discovery and other pretrial proceedings in front of one Federal Court Judge. At this point each plaintiff can receive their own representation, while at the same time allowing a variety of plaintiffs’ attorneys to collectively work on the case and pool their efforts. The determination of which Judge in which Federal Court will oversee the litigation takes place during the reoccurring MDL panel which meets at various locations across the country. It is important to understand that the MDL process can also take place at the state level for individuals whose attorneys file their cases at the state rather than the Federal level.For example, Illinois frequently establishes state MDL’s in Cook County in Chicago. This process allows a variety of attorneys to determines where to file their clients’ cases on a case-by-case basis and allows for the rights of the victims to be better protected.
Invokana Lawsuit Settlement Information
While some defective drug cases can settle without the necessity of filing a lawsuit, this is unlikely to be the case with Johnson & Johnson. One of America’s household “big pharma” names, this publicly-traded (JNJ) behemoth generally fights legal claims brought against it as has been the case in the recent years with DePuy Metal on Metal Hips, Talcum Powder, and Vaginal Mesh. For this reason, a settlement would only occur after an MDL is established which is why the assistance of an experienced attorney is so important in Invokana cases. Also pertinent, is the fact that the settlements in cases such as Invokana do not happen at the same time, but rather those attorneys who most aggressively pursue the claim generally receive settlement first.
What Can Victims expect from an Invokana Settlement?
When patients suffer from severe side effects from a dangerous or defective drug such as Invokana compensation can include:
- Past and future medical expenses. This can include the costs associated with monitoring the ongoing damage to the client as well. This includes medical bills and the amounts paid by insurance companies.
- Lost wages from work if the client had to take time off or work for doctor’s appointments, treatments, or due to pain and the inability to work.
- Loss of an ability to work
- Pain and suffering which is the broadest category of damages and provides for the most recovery.
If a person dies from injuries related use of the medication, family members may be able to recover damages for the wrongful death of their loved one, including:
- Funeral expenses
- Medical expenses prior to death
- Loss of economic support
- Loss of companionship
Although rare, and difficult to prove, if the conduct of a pharmaceutical company in manufacturing and selling a drug is found to be highly reckless or totally indifferent to the risks and dangers, punitive damages may be awarded to punish the company and deter similar conduct in the future.
- March 29, 2013 – Canagliflozin (Invokana) became the first SGLT2 inhibitor to be approved by the United Sates Food and Drug Administration (FDA).
- January 8, 2014 – The FDA approved a second SGLT2 inhibitor, dapagliflozin.
- June 6, 2014 – The FDA identified 20 cases of diabetic ketoacidosis, ketoacidosis, or ketosis linked to SGLT2 inhibitor use. These are cases that are submitted directly to the FDA by doctors and patients experiencing problems with the drug.
- May 15, 2015 – In light of numerous adverse event reports, the FDA warns that SGLT2 inhibitors for diabetes may result in a serious condition of too much acid in the blood.
- April 2016 – Reports that the FDA has released information that Invokana and other SGLT2 inhibitor class drugs may decrease bone density among patients using them and also increase the overall risk of bone fracture development.