The various Levaquin antibiotic lawsuits that have been filed in the state of New Jersey due to Levaquin side effects may be consolidated before a single judge. The alleged tendon rupture problems associated with Levaquin medicine and the resulting adverse affects are prompting many plaintiffs towards legal action.
As is the usual feature for class action lawsuits and consolidations, plaintiffs all appear to have similar complaints and allegations with regard to Levaquin (levofloxacin) and the potential for adverse effects involving tendons.
Plaintiffs for Levaquin lawsuits claim the manufacturer, Ortho-McNeil-Janssen Pharmaceuticals, failed to research its product adequately prior to bringing Levaquin to market in 1996 and failed to warn about adverse effects to the tendon. Those side effects include tendonitis and tendon rupture, particularly involving the Achilles tendon.
In July of last year the US Food and Drug Administration (FDA) mandated a black box warning for levofloxacin and similar antibiotics with regard to tendon rupture and other tendon issues.
In New Jersey, it is hoped that all Levaquin lawsuits will be centralized before Superior Court Judge Carol Higbee in Atlantic County. To that end the New Jersey Supreme Court has been asked to provide mass tort treatment.
It should be noted that multidistrict litigation was established in June of last year for all Levaquin actions filed in US federal district courts. The move consolidates the lawsuits for pretrial before US District Court Judge John Tunheim, in the district of Minnesota, and the first bellwether Levaquin trial is in the pipeline and on the books to commence in August of 2010.
Levaquin received a black box warning in July, 2008 and attorneys says most people have experienced these problems before the black box warning. So what are the chances of someone filing a lawsuit if their tendon rupture occurred in 2006 or 2007? The answer depends on the state. For example, Texas has a 2 year statute of limitations, and in many states there are discovery periods so probably the black box warning is going to eliminate many claims for people who took the drug after July, 2008.
Hodges says because of Levaquin’s black box warning, it indicates that the maker knew of these problems but did nothing about it, “so for people who have these problems before the warning, they should have a good claim.”
Obviously you need proof that you took the drug, and a lawyer can also help you obtain medical records, including pharmacy records. “We also need the name and address of the doctor who treated you for the ruptured tendon,” adds Hodges, “and we will need to get the records from every health care provider you have seen.
To evaluate a potential case we find out where you live and determine the statute of limitations for that state. If there have already been some class actions against Levaquin around the country, that may have tolled the statute of limitations for everyone–in other words, that means the statute may not have run out, even if you are in a state where the statute of limitations has run out.
If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous drugs, bad products, or toxic injury etc then please contact the Fort Worth Texas Defective Drugs Product Liability Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.
The Dr. Shezad Malik Law Firm is currently evaluating and accepting Levaquin Tendon Rupture cases.