With over 1,000 cases already filed and climbing, the first of the Bellwether trials for the Invokana multidistrict litigation (MDL) is slated to begin in September 2018. Bellwether trials, collectively, often set the standard for how the rest of the MDL will transpire. For example, in majority, if the trials go well (i.e. for the injured consumers), the defendants may have increased the incentive to settle some or all of the cases. If the trials do not go well (i.e. for the defending corporations), the cases may be taken back to start court for trial, or the plaintiffs may close their cases. Invokana was approved to market in 2013 to treat Type 2 (adult onset) diabetes brought by Janssen Pharmaceuticals, a division of Johnson & Johnson. Essentially, the function of this drug is to reduce glucose in the body by blocking a key component of the kidney that allows glucose to reenter the bloodstream. This results in frequent urination to help discharge the glucose that has been separated from the system.
Since coming to market, Invokana was heavily marketed to both doctors and patients allowing the corporation to bring in billions of dollars in revenue. However, soon after hitting the market, adverse side effects became identified as attributable to the drug yet were not disclosed to consumers nor were the consumers warned about the potential pitfall of dangerous side effects. These side effects include but are not limited to:
• Kidney damage
• Kidney failure
• Diabetic Ketoacidosis
• Amputations of limbs (toes, lower legs)
To help combat these negative side effects brought onto consumers, the FDA has required the drug to have a continually updated label. This was, in essence, an effort to cap the damage that had already been done. In summation, an updated warning timeline includes:
• May 2015 – Warning regarding increased risk of diabetic ketoacidosis, which is a condition causing high acidity levels in the bloodstream
• June 2016 – Stronger warnings for kidney injury
• October 2016 – Warning regarding pancreatitis
• May 2017 – The FDA’s strongest decision required a warning to consumers of increased risks of leg and foot amputations
These cases often introduce complex legal questions that require an experienced attorney with a track record of success who can help break down issues as well as enable you to obtain the full and fair compensation that you deserve. If you have consumed Invokana and have suffered any of the above-described injuries, you may be a victim and have rights to significant compensation. Please call The Law Offices of Jeffrey S. Glassman for a free and confidential appointment.