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Farxiga Lawsuits

Farxiga lawsuits claim Farxiga and its sister drug, Xigduo XR, may cause diabetic ketoacidosis and kidney injury. They accuse Bristol-Myers Squibb Co. and AstraZeneca of failing to adequately test the drugs and warn of their risks. As of Auguse 2018, a total of 50 Farxiga lawsuits were consolidated in federal court in the Southern District of New York.

Farxiga pill
Farxiga Lawsuit Facts
  1. Injuries Diabetic ketoacidosis, kidney injury, urinary tract infections resulting in blood and kidney infections
  2. Defendants/Manufacturer Bristol-Myers Squibb Co., AstraZeneca
  3. Brands Farxiga, Xigduo XR
  4. Related Drugs Invokana, Invokamet, Invokamet XR
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*Update: As of August 2018, a total of 64 Farxiga lawsuits had been filed in federal court against Bristol-Myers Squibb Co. and AstraZeneca. About 50 remained pending.

Injured patients from across the U.S. filed Farxiga lawsuits. They blame Farxiga and its sister drug, Xigduo XR, for their diabetic ketoacidosis, kidney injury and infections.

In April 2017, the U.S. Judicial Panel on Multidistrict Litigation consolidated the lawsuits into a multidistrict litigation (MDL) in a New York federal court.

MDLs help speed up the legal process when many lawsuits accuse the same defendants of similar wrongdoing.

In May 2018, lawyers on both sides of the MDL were determining which Farxiga cases they would like to go to trial first. These trials are known as bellwether trials.

Bellwether trials act as “test trials” to see how the growing number of lawsuits might be decided. Their outcomes can influence large-scale settlement talks.

Farxiga Trials
The judge overseeing the Farxiga MDL had not announced a trial schedule as of July 24, 2018.

Farxiga and Xigduo XR are a part of a larger class of Type 2 diabetes medications called SGLT2 inhibitors. This class of drugs includes Invokana, a drug that also causes patients to suffer amputations. The first Invokana amputation trial is set for September 2018.

Injuries You Can Sue For

People suing over Farxiga blame the drug for causing injuries that led to dialysis, hospitalization and death.

Injuries included in Farxiga lawsuits include:
  • Diabetic ketoacidosis that led to hospitalization or resulted in death
  • Kidney failure in patients who had no history of underlying kidney problems
  • Acute kidney injury that led to hospitalization in people who had no history of underlying kidney problems
  • Urinary tract infections that led to blood (urosepsis) and kidney (pyelonephritis) infections that required hospitalization
When Do Farxiga Side Effects Start?
Acute kidney injury occurred within one month of starting treatment with Farxiga in about half of the more than 100 cases reported between March 2013 and October 2015.

Brands Named in Farxiga Lawsuits

Farxiga is the brand name for the drug dapagliflozin. Xigduo XR is another brand of SGLT2 inhibitor named alongside Farxiga in lawsuits.

Xigduo XR contains a combination of dapagliflozin and metformin.

Invokana is another Type 2 diabetes drug. It is named in its own separate multidistrict litigation (MDL).

Farxiga Lawsuit Allegations

Farxiga lawsuits question the development, manufacture, testing, regulatory history, promotion and labeling of Farxiga.

They accuse Bristol-Myers Squibb and AstraZeneca of failing to adequately test and warn of the drug’s dangers.

They say that the drug’s makers were negligent, reckless and careless in their handling of Farxiga.

“Defendants did not adequately and sufficiently warn consumers… or the medical community of the severity of such risks.”

Quintanilla v. Bristol-Myers Squibb Co. et al.

Reasons People File Farxiga Lawsuits

If you suffer an injury after taking Farxiga, you may have a claim to recover money for damages.

Farxiga Damages
Damages in a personal injury suit are intended to “make the plaintiff whole.”

A jury verdict or settlement can help pay for costs associated with treatment to restore a person to his or her situation before the injury occurred.

Types of damages include:
  • Compensation for the actual or expected cost of medical bills
  • Lost wages, past and future
  • Emotional distress
  • Pain and suffering
  • Cost of assistive medical devices or therapy fees
  • Loss of companionship or loss of consortium (intimate physical relations with spouse)
  • Wrongful death

A qualified lawyer can assess whether you have a case and determine what types of damages you may qualify for. Products liability lawyers specialize in this area of law.

Farxiga Lawsuit Statute of Limitations

Statutes of limitations are predetermined time periods for bringing lawsuits.

They are designed to prevent fraudulent claims or claims that have become stale or out-of-date.

When too much time passes, evidence may be obscured and recall of events may be poor or inaccurate. It also can be harder to find available key witnesses.

Time restrictions for filing Farxiga lawsuits
  • People who suffered diabetic ketoacidosis, urosepsis, and pyelonephritis before Dec. 4, 2015, may be eligible to file a claim.
  • People who suffered kidney failure or acute kidney injury before June 14, 2016, may be eligible to file a claim.

A qualified product liability lawyer can answer questions related to your specific case and deadlines for filing a personal injury claim.

This discussion should take place as soon as you are aware of an injury resulting from Farxiga to avoid missing out on a viable claim.

Farxiga Settlements and Verdicts

There have been no publicized Farxiga settlements to date. The Farxiga multidistrict litigation is still in the early stages. Forty-nine cases remained pending before a New York federal judge in April 2018.

Thurgood Marshall U.S. Courthouse
The judge overseeing the Farxiga MDL scheduled an initial conference at the Thurgood Marshall U.S. Courthouse.

As more plaintiffs file claims, the drug’s manufacturers may begin to negotiate settlements to avoid multiple trials.

No cases have progressed to trial yet. So, there have been no jury verdicts related to Farxiga injury claims.

Farxiga Class Action Lawsuit

There are currently no publicized class action lawsuits over Farxiga. Instead, a judicial panel consolidated multiple cases into multidistrict litigation (MDL).

MDLs are like class actions barring one key difference. A class action is a single suit with many plaintiffs. MDLs involve many lawsuits moved to a single court and managed by the same judge.

Class Action v. Multidistrict Litigation
Class actions usually have one or a few representatives to speak for the entire class. Lawsuits in MDLs remain as individual cases.

Please seek the advice of a medical professional before making health care decisions.

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8 Cited Research Articles

  1. Daily Med. (2017, October 20). Label: Farxiga – dapagliflozin tablet, film coated. NIH. Retrieved from https://dailymed.nlm.nih.gov/dailymed/drugInfo.cfm?setid=72ad22ae-efe6-4cd6-a302-98aaee423d69
  2. FDA. (2016, June 14). FDA Drug Safety Communication: FDA strengthens kidney warnings for diabetes medicines canagliflozin (Invokana, Invokamet) and dapagliflozin (Farxiga, Xigduo XR). Retrieved from https://www.fda.gov/Drugs/DrugSafety/ucm505860.htm
  3. JPML. (2017, April 6). Transfer Order. In Re: Farxiga (Dapagliflozin) Products Liability Litigation. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2776-Initial_Transfer-03-17.pdf
  4. JPML. (2018, April 16). MDL Statistics Report. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-April-16-2018.pdf
  5. U.S. District Court for the Southern District of Texas Corpus Christi Division. (2016, May 23). Complaint Jury Trial Demanded. Quintanilla v. Bristol-Myers Squibb Co. et al. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2016-05-23-Complaint.pdf
  6. FDA. (2017, May 16). FDA confirms increased risk of leg and foot amputations with the diabetes medicine canagliflozin (Invokana, Invokamet, Invokamet XR). Retrieved from https://www.fda.gov/downloads/Drugs/DrugSafety/UCM558427.pdf
  7. TJ Bickerton. (2017, October 14). [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], from Wikimedia Commons. Retrieved from https://commons.wikimedia.org/wiki/File:Thurgood_Marshall_Courthouse,_10.14.17.jpg
  8. U.S. Judicial Panel on Multidistrict Litigation. (2018, August 15). MDL Statistics Report - Distribution of Pending MDL Dockets by District. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-August-15-2018.pdf
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