Hundreds of SGLT2 inhibitor lawsuits claim the Type 2 diabetes drugs caused amputation, diabetic ketoacidosis and kidney injury. Plaintiffs say drug companies manufactured faulty drugs and failed to warn of the risks.
If you took a diabetes drug like Invokana or Farxiga and suffered from ketoacidosis or kidney injury, you may be eligible for compensation.
People who say they suffered serious injuries after taking Invokana and other SGLT2 inhibitor diabetes drugs are suing the manufacturers in the U.S. and Canada seeking compensation for what happened to them. The lawsuits are the subject of two federal Multidistrict Litigations, and trials have not yet begun.
SGLT2 drug lawsuits are in their early stages and have not yet proceeded to trial or been part of any large settlements. But the cases involving about 800 plaintiffs who say the drugs caused injuries are proceeding on several fronts:
The U.S. Judicial Panel on Multidistrict Litigation ordered Invokana cases consolidated in multidistrict litigation (MDL) No. 2750 in New Jersey before Judge Brian R. Martinotti. As of Dec. 18, 2017, over 990 cases were involved in the Invokana MDL.
According to Johnson & Johnson, there are also federal lawsuits over Invokana pending in federal court in California and Missouri. There are also cases in state courts in Pennsylvania, California and New Jersey.
U.S. District Judge Lorna G. Schofield is overseeing a Farxiga MDL in the Southern District of New York. As of Dec. 18, 2017, there were 55 cases pending in the Farxiga MDL.
Bellwether trials involve cases selected by the parties to go to trial first in MDLs and other mass torts. These initial trials are expected to help the parties get an idea how the remaining cases may play out, providing useful information to guide potential settlement negotiations.
For example, if the bellwether trials end with large verdicts, that suggests other cases may warrant large settlements. If, on the other hand, the drugmaker prevails in the initial trials, that would portend a different outcome. The same holds for court rulings on matters of importance, such as whether certain experts will be permitted to give testify about their opinions.
The first Invokana bellwether trial is planned for September 2018. In this case, the Judge Martinotti has directed plaintiffs’ attorneys and attorneys for the defense to identify a total of six plaintiffs who ingested Invokana and later developed ketoacidosis and six who later suffered kidney injury. This will be a total of 12 potential bellwether cases, with an equal number representing each kind of injury selected by the defense and by the plaintiffs. To be eligible to be a bellwether, plaintiffs must have filed their case before July 31, 2017 and been prescribed Invokana.
“In selecting their respective six cases,” the court order states, “the parties are strongly encouraged to select cases that they have a good faith belief are representative cases that should be robustly discovered and then taken to trial.”
The court will seek another batch of six bellwether cases to be selected in 2018 involving people who ingested Invokana and later developed a cardiovascular injury, such as a heart attack or stroke.
The Farxiga bellwether cases are being selected, and the judge has not yet created a trial schedule.
In general, people who took one or more SGLT2 drugs and suffered diabetic ketoacidosis, urosepsis and pyelonephritis before Dec. 4, 2015 may have possible claims against drug manufacturers. This is the date the FDA added the official warning for these conditions to drug labels.
For statute of limitations information or other important deadlines, claimants should contact a qualified product liability attorney as soon as possible to avoid disqualification of a claim.
People who were prescribed SGLT2 drugs by a doctor and were later injured and had to stay in the hospital overnight as a result may be able to file a lawsuit to get compensated. Family members of people who died from these injuries may also be able to file.
Plaintiff’s attorneys argue that manufacturers of Invokana (canagliflozin) and other SGLT2 inhibitors drugs for Type 2 diabetes did not properly warn patients and doctors of the risks of serious and potentially fatal side effects. If doctors or patients had known, they might have chosen another medication or monitored their health for symptoms of complications.
Invokana users filed the first lawsuits, and then lawsuits for other drugs followed. According to lawsuits, manufacturers concealed — and continue to conceal — knowledge of SGLT2 drugs’ “unreasonably dangerous risks” from consumers and the medical community. These dangerous risks include diabetic ketoacidosis, blood infections, certain amputations and kidney problems.
Manufacturers knew or should have known these drugs could cause potential side effects, according to lawsuits. But the first warnings did not reach the public until Dec. 4, 2015 when the FDA required companies to put warnings on labels.
In the meantime, millions of patients received prescriptions for these drugs and may have suffered severe health problems linked to the medications.
A number of serious health problems are at the center of SGLT2 litigation. In many cases, patients were in critical condition that required hospitalization. Some plaintiffs died from their injuries. Damages claimed include past and future medical bills, pain, suffering, lost wages and funeral expenses.
Sodium-glucose cotransporter 2 (SGLT2) drugs are a relatively new class of drugs used to treat Type 2 diabetes. The drugs are designed to prevent the blood from reabsorbing glucose. But they also have been linked to various dangerous side effects, which have precipitated the filing of lawsuits.
While no SGLT2 drug lawsuits have reached settlement or jury trial yet, these are not the first class-related Type 2 diabetes drugs involved in lawsuits.
Other drugs involved in lawsuits include Takeda’s Actos (pioglitazone) and GlaxoSmithKline’s Avandia (rosiglitazone) — both members of the thiazolidinedione (TZD) class.
After studies linked Actos to an increased risk of bladder cancer, lawsuits against Takeda ramped up. Tens of thousands of plaintiffs came forward claiming the drug gave them bladder cancer.
In April 2014, a jury ordered Takeda and Eli Lilly to pay $9 billion to one man who claimed the drug gave him bladder cancer. In 2015, Takeda agreed to pay about $2.37 billion to settle about 9,000 cases.
Patients who took GlaxoSmithKline’s Avandia claimed the drug caused cardiovascular death, liver toxicity and bone fractures.
Since 2007, the drug was implicated in more than 50,000 lawsuits. It settled several thousand cases for just under $1 billion from 2010 to 2011. Then, the company set aside about $3.4 billion for future Avandia settlements and litigation.
Hundreds of plaintiffs have filed lawsuits saying the suffered serious injuries from taking SGLT2 inhibitors.
At least one class action lawsuit has been filed in Canada over Invokana. A complaint seeking more than $1 billion in special and general damages was filed in Ontario on behalf of everyone in Canada who ingested Invokana. Among other things, the suit against Johnson & Johnson and Janssen Pharmaceuticals alleges the companies failed to warn patients about the potential for serious side effects, including diabetic ketoacidosis, kidney failure and death. The lead plaintiff, Rosalba Joudry, says she discovered the danger when she happened upon a U.S. television commercial. She contacted her doctor and after tests, learned she was experiencing kidney failure.
The FDA approved the first drug in the class — Invokana — in 2013, and has since then issued a number of safety communications about these medications. The first warnings did not reach the public until Dec. 4, 2015 when the FDA required companies to put warnings on labels.
Please seek the advice of a medical professional before making health care decisions.
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