John Schedin v. Johnson and Johnson: Man Ruptured Achilles Tendons In Both Feet After Taking Levaquin
(Posted by Tom Lamb at DrugInjuryWatch.com)
"J&J Loses First Trial on Warnings of Levaquin Risk" (12/8/10, Bloomberg)
"Johnson & Johnson Warned on Levaquin Risk, Lawyer Says [During Closing Argument]" (12/6/10, Bloomberg)
"Schedin v. Johnson & Johnson, et al. The Trial Continues & After-The-Fact Label Changes Admitted into Evidence" (11/30/10, Minnesota Litigator [blog])
Court issues decision on issue of whether Minnesota Statute § 549.20 requires bifurcation of punitive damages claims in a case in which federal jurisdiction is based on diversity (11/23/10, Cousineau McGuire Chartered [web site] provides link to Court's Order)
Back in mid-February 2010 U.S. District Judge John R. Tunheim, who is presiding over the federal court Levaquin multi-district litigation, or MDL -- known as In re: LEVAQUIN PRODUCTS LIABILITY LITIGATION, MDL No. 08-1943, pending in Minneapolis, Minnesota -- selected six cases from the 300 filed lawsuits in the Levaquin MDL (at that time) to be the so-called "bellwether", or test, cases. One of those cases was John Schedin v. Johnson and Johnson, No. 08-cv-05743.
On November 15, 2010 the lawyers for Mr. Schedin, the plaintiff, as well as Johnson & Johnson and its Ortho-McNeil-Janssen Pharmaceutical unit made there opening argurments to the jury.
From a November 15, 2010 Bloomberg news report, "Johnson & Johnson Hid Antibiotic’s Risk, Lawyer Says", we get this overview of the Schedin v. Johnson & Johnson case (and an update on the number of cases now in the Levaquin MDL):
John Schedin, 82, who said he ruptured the Achilles tendons in both feet after taking the drug [when he was 76 years old], sued the company and its Ortho-McNeil-Janssen Pharmaceutical unit in 2008....
Schedin’s case is the first trial on more than 2,600 claims in U.S. courts against Johnson & Johnson that Levaquin caused tendon damage in patients taking the drug and the company failed to adequately disclose the risk. The U.S. Food and Drug Administration in 2008 required an upgraded warning on tendon damage posed by Levaquin and similar drugs.
The plaintiffs claim the warning should have been enhanced earlier and remains inadequate. They also claim Johnson & Johnson and Ortho-McNeil-Janssen boosted sales by downplaying risks....
The companies deny any failure to warn or that Levaquin caused Schedin’s tendon ruptures.
As background, Levaquin was FDA approved in 1996. However, in 2002 and 2007 the warning label was amended to include a warning about the risk of tendinitis and tendon rupture. In July of 2008 the warning label changed again to include the so-called "black box" warning which emphasizes the risk for tendinitis and tendon rupture in all ages, but especially for those over 60 and who are also taking corticosteroids.
Injuries associated with the use of Levaquin include tendinitis and ruptures of the Achilles tendon, the rotator cuff (shoulder), the biceps, the hand, and the thumb.
We are monitoring the Schedin Levaquin MDL trial and will report the jury's verdict, here, when it becomes available.
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