What is the Latest Status Update for the Litigation Involving Invokana?
A number of individuals throughout the United States have pursued an Invokana lawsuit, Invokamet lawsuit, Farxiga lawsuit, Jardiance lawsuit, Glyxambi lawsuit or Xigduo XR lawsuit after suffering severe and often life-threatening injuries following use of these new-generation diabetes drugs, including:
- Diabetic Ketoacidosis
- Leg and Foot Amputations
- Kidney Failure
- Heart Attack
- Wrongful Death
The first lawsuits over Invokana were filed in the second half of 2015, and number of cases has begun to rapidly increase in recent months. With more than 800 Invokana cases pending in late 2017, each raising similar allegations that Johnson & Johnson and it’s Janssen subsidiary failed to provide adequate warnings for consumers.
In December 2016, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established coordinated pretrial proceedings in the federal court system, centralizing cases filed nationwide before U.S. District Judge Brian Martinotti in the District of New York for coordinated discovery and pretrial proceedings.
Given similar questions of fact and law raised in the lawsuits, the cases were coordinated before Judge Martinotti to reduce duplicative discovery into common issues, avoid conflicting pretrial rulings from different courts and to serve the convenience of the parties, witnesses and the courts.
While the litigation was managed similar to an Invokana class action, each lawsuit remained an individual claim, where the plaintiff must establish that their injury was caused by side effects of the diabetes drug, and the manufacturer’s failure to provide adequate warnings for users and the medical community.
As part of the coordinated pretrial proceedings, Judge Martinotti established a “bellwether” program where a small group of representative cases were prepared for early trial dates.
While the outcomes of these test cases will not be binding on other claims, they are designed to help the parties gauge how juries may respond to certain evidence and testimony that may be repeated throughout the litigation. Therefore, the verdicts may influence eventual negotiations to reach Invokana settlements that will be necessary to avoid the need for hundreds of individual trials nationwide.
The attorneys at Saiontz & Kirk, P.A. are only accepting new Invokana amputation lawsuits at this time. Additional clients with potential diabetic ketoacidosis lawsuits, kidney failure lawsuits and heart attack lawsuits are no longer being accepted
To determine whether you, a friend or a family member may be eligible to join the Invokana litigation, request a free consultation and claim evaluation.