Patients who have experienced tendon ruptures as a result of Levaquin use may be able to seek legal recourse for their injuries. Currently, in United States District Court for the District of Minnesota, there is a multi district litigation (MDL) case before Judge John R. Tunheim.
Who are the Parties to the Levaquin MDL before Judge Tunheim?
There are currently about 147 individual cases in the Levaquin MDL before Judge Tunheim. Each of the plaintiffs alleges that they took Levaquin as prescribed to treat an infection and suffered a tendon rupture as a result. They further claim that the manufacturers of the drug knew about the tendon rupture side effect and failed to adequately warn the patients of the danger.
The defendants in this case include Johnson & Johnson, Ortho-McNeil Pharmaceutical, Inc. and Johnson & Johnson Pharmaceutical Research & Development, LLC. The defendants deny that Levaquin is unreasonably dangerous or defective and they dispute the claim that they failed to provide adequate warnings about the possibility of tendon ruptures.
What is the Levaquin MDL?
The Judicial Panel on Multidistrict Litigation determined that it made sense to consolidate all of the federal Levaquin tendon rupture cases and to have Judge Tunheim preside over discovery and pretrial matters. The case is on the court’s docket as MDL No. 08-1943. When discovery and pretrial motions have been completed, the individual cases that comprise 08-1943 and remain unresolved will be transferred back to the district in which they originated so that they may be brought to trial.
Are All Levaquin Lawsuits Before Judge Tunheim?
It is expected that most, if not all, federal lawsuits alleging tendon rupture due to Levaquin use will be included in MDL No. 08-1943 until they are settled or ready for trial. However, other lawsuits have been filed in state court. As of September 8, 2009 there were 60 state court cases known, 57 of which are filed in New Jersey. The New Jersey cases are all before Judge Higbee and there is communication between the New Jersey Court and the U.S. District Court in Minnesota regarding the Levaquin tendon rupture cases.
What Happens Next in the Levaquin MDL case?
The next court date for the Levaquin MDL case is scheduled for October 2, 2009. At that time the parties are expected to argue a Motion to Compel and to address concerns about discovery in the case.
Patients who have experienced tendon ruptures due to Levaquin use should ask their pharmaceutical litigation attorneys for further details about the Levaquin MDL and how it may affect their own claims.
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