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Invokana Lawsuits

Invokana lawsuits claim that manufacturers failed to warn patients and their doctors of serious risks linked to the drug. Patient injuries include amputations, kidney damage and diabetic ketoacidosis. As of September 2018, more than 1,100 people had sued the drug’s maker, Johnson & Johnson.

*Update: The first Invokana bellwether trial is set for Fall of 2018. 

As of September 2018, 1,047 cases were pending as a part of the Invokana multidistrict litigation (MDL).

The U.S. Judicial Panel on Multidistrict Litigation consolidated Invokana cases in December 2016. These lawsuits make up MDL No. 2750 in a New Jersey federal court.

Lawsuits say Invokana users suffered amputations, diabetic ketoacidosis and kidney damage.

People are suing Invokana’s manufacturers, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals. They are seeking compensation for what happened to them.

The lawsuits are still in their early stages and trials have not yet begun.

According to Johnson & Johnson, there are also federal lawsuits over Invokana pending in California and Missouri.

People filed more cases in state courts in Pennsylvania, California and New Jersey.

People in Canada filed a class action lawsuit.

Clarkson S. Fisher Federal Building and United States Courthouse in Trenton, New Jersey.
Clarkson S. Fisher Federal Courthouse, site of the Invokana New Jersey MDL

Why People File Invokana Lawsuits

Patients who suffered below-the-knee amputations after taking Invokana may have a case against Johnson & Johnson.

People injured by Invokana and other sodium-glucose cotransporter 2 (SGLT2) inhibitors have filed lawsuits for the following injuries:
  • Amputations of legs, feet and/or toes
  • Diabetic ketoacidosis that resulted in hospitalization or death
  • Urinary tract infections resulting in kidney (pyelonephritis) or blood (urosepsis) infections requiring hospitalization
  • Renal (kidney) failure in patients with no history of underlying kidney problem
  • Cardiovascular injury including heart attack or stroke

Filing an Invokana Lawsuit

You or a loved one must have been prescribed Invokana to be eligible to file an Invokana lawsuit.

Generally, the patient must have suffered an injury after taking Invokana, but before the injury was added to the drug’s label.

Lawsuit Eligibility
Type of Injury Date of Injury
Amputation Before May 16, 2017
Kidney injury Before June 14, 2016
Diabetic ketoacidosis Before Dec. 4, 2015
Urosepsis Before Dec. 4, 2015
Pyelonephritis Before Dec. 4, 2015

It is important to compile all medical records related to the injury.

An experienced products liability lawyer can help you determine whether you have a personal injury or wrongful death case.

Brands Named in Invokana Lawsuits

Invokana is one of several brands of SGLT2 inhibitors targeted in Invokana lawsuits. Other brands mentioned alongside Invokana in injury claims include Invokamet and Jardiance.

Invokamet is made with canagliflozin, the same active ingredient as Invokana, and metformin. Jardiance contains empagliflozin. All three drugs are a part of the gliflozin class of SGLT2 inhibitor drugs.

Another member of the gliflozin class is Farxiga (dapagliflozin). Farxiga is the frontrunner in a separate multidistrict litigation.

Accusations Against Johnson & Johnson

Invokana lawsuits accuse Johnson & Johnson of being negligent in manufacturing the drug. They also say that the company hid the drug’s dangers from the public and the U.S. Food and Drug Administration.

Did You Know?
Invokana lawsuits say Johnson & Johnson was negligent, reckless and careless.

Lawsuits claim that Johnson & Johnson’s marketing misrepresented the drug’s safety. They say the drug is defective and unreasonably dangerous.

Plaintiffs argue that if Johnson & Johnson had been straightforward about Invokana’s risks, patients may have been prescribed several safer alternatives.

Invokana Bellwether Trials

The first Invokana bellwether trial was set for September 2018.

Bellwether Eligibility
Patients must have filed their case before July 31, 2017 and been prescribed Invokana to be eligible to be a bellwether.

Bellwethers are cases parties select to go to trial first in MDLs and other mass torts. These initial trials help both sides of a lawsuit get an idea of how the remaining cases may play out.

The outcome of bellwether trials can influence settlement negotiations.

Invokana Settlements and Verdicts

There have been no global Invokana settlements or jury verdicts to date.

If settlement negotiations or another resolution of the cases fail, then the remaining lawsuits will move forward to trial.

Past Diabetes Drug Settlements

Other diabetes drugs involved in lawsuits include Takeda’s Actos (pioglitazone) and GlaxoSmithKline’s Avandia (rosiglitazone).

The diabetes medicines are both members of the thiazolidinedione (TZD) class.

Actos
In April 2014, a jury ordered Takeda and Eli Lilly to pay $9 billion to a man who claimed Actos gave him bladder cancer. In 2015, Takeda agreed to pay $2.37 billion to settle another 9,000 cases.
Avandia
GlaxoSmithKline settled several thousand Avandia cases for just under $1 billion from 2010 to 2011. The company also set aside about $3.4 billion for future Avandia settlements and litigation.
Actos
Actos was the subject of litigation
Avandia
Avandia was the subject of litigation

Invokana Class Action Lawsuit

At least one class action lawsuit has been filed in Canada over Invokana. A complaint seeking more than $1 billion in damages was filed in Ontario on behalf of everyone in Canada who ingested Invokana.

The lead plaintiff, Rosalba Joudry, says she discovered the dangers of Invokana through a U.S. television commercial. She contacted her doctor. Tests revealed she was experiencing kidney failure.

Kidney Failure Illustration
Potential serious side effects of Invokana include diabetic ketoacidosis, kidney failure and death

Clinical Studies and FDA Warnings

The FDA approved Invokana in 2013. It was the first drug in the class.

Since then, the federal agency has issued a number of safety communications about SGLT2 inhibitors.

Fact
The first Invokana warnings did not reach the public until Dec. 4, 2015.

The FDA requires two black box warnings for SGLT2 inhibitors. Black box warnings are the agency’s strongest warnings.

Amputations

Two large clinical trials showed that people taking canagliflozin were twice as likely to need leg and foot amputations as people given a placebo. After reviewing these studies, the FDA required a black box warning to be included with Invokana, Invokamet and Invokamet XR.

Lactic Acidosis

Invokamet must carry a black box warning that it may cause lactic acidosis. This is a potentially fatal condition characterized by a buildup of lactic acid in the body.

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

Kristin Compton's background is in legal studies. She worked as a paralegal before joining Drugwatch as a writer and researcher. She was also a member of the National Association of Legal Assistants. A mother and longtime patient, she has firsthand experience of the harmful effects prescription drugs can have on women and their children. Some of her qualifications include:

  • Bachelor of Arts in Legal Studies | Pre-Law from University of West Florida
  • Past employment with The Health Law Firm and Kerrigan, Estess, Rankin, McLeod & Thompson LLC
  • Personal experience battling severe food allergies, asthma and high-risk pregnancies
Medically Reviewed By
Dr. John A. Daller
Dr. John A. Daller American Board of Surgery

8 Cited Research Articles

  1. U.S. Judicial Panel on Multidistrict Litigation. (2016, December 7). Transfer order. Invokana (canagliflozin) Products Liability Litigation. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2750-Initial_Transfer-12-16.pdf
  2. U.S. District Court District of New Jersey. (2017, March 30). Case Management Order #8. In Re: Invokana (canagliflozin) Products Liability Litigation. Retrieved from http://www.njd.uscourts.gov/sites/njd/files/InvokanaCMO8.pdf
  3. Ontario Superior Court of Justice. (2015, September 10). Statement of Claim. Ontario Superior Court of Justice Between Rosalba Joudry and Janssen Inc., et al. Retrieved from https://www.documentcloud.org/documents/2426592-statement-of-claim-in-invokana-suit.html
  4. 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
  5. U.S. District Court District of New Jersey. (2018, January 29). Direct Filed Complaint Pursuant to Case Management Order No. 4. In Re: Invokana (canagliflozin) Products Liability Litigation, Wiley v. Janssen Pharmaceuticals, Inc. et al. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2018-1-29-invokana-wiley-complaint.pdf
  6. U.S. District Court for the Southern District of Indiana. (2016, October 10). Complaint and Demand for Jury Trial. MacMurray v. Janssen Pharmaceuticals, Inc. et al. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2016-10-10-jardiance-macmurray-complaint.pdf
  7. 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
  8. U.S. Judicial Panel on Multidistrict Litigation. (2018, September 17). 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-September-17-2018.pdf
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