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Invokana plaintiffs lose bid to keep cases in Pa. state court

Plaintiffs’ cases could now be transferred to Invokana MDL located across the Delaware River in New Jersey

SAN DIEGO, CALIFORNIA, UNITED STATES, February 27, 2017 /EINPresswire.com/ -- Dozens of plaintiffs hoping to move their Invokana cases back to state court in Pennsylvania were dealt a blow last week. The federal judge now overseeing the litigation has ruled that the lawsuits will stay in his court after all.

U.S. District Judge Mitchell Goldberg ruled Feb. 22 to keep 106 Invokana lawsuits in his federal court in the Eastern District of Pennsylvania.

The judge’s ruling denied a motion filed by plaintiffs to remand their cases back to the Philadelphia Court of Common Pleas where they were originally filed.

Plaintiffs filed their motion to remand one month after Defendant Janssen Pharmaceuticals Inc. removed the Invokana lawsuits to federal court in November 2016.

Janssen markets the type II diabetes drug Invokana in the United States under an agreement with Japanese pharmaceutical company Mitsubishi Tanabe.

The judge’s decision is a blow to plaintiffs, who argued their choice of venue should be given weight since there is a connection between Pennsylvania and the lawsuits’ allegations.

Invokana lawsuits accuse Invokana manufacturers and marketers of designing a defective product and failing to adequately warn about its potential risks. Much of the design, testing, and marketing of Invokana was done in Pennsylvania, lawsuits argue.

The decision to keep these cases in federal court opens up the possibility of transferring them to the newly formed Invokana multidistrict litigation (MDL) located in New Jersey.

There are about 119 lawsuits pending in the Invokana MDL. The lawsuits were consolidated in the District of New Jersey before U.S. District Judge Brian R. Martinotti in December 2016.

Dangerous complications lead to lawsuits

Invokana is a prescription medication used to lower blood sugar in patients with type II diabetes. It works by blocking the reabsorption of blood sugar by the kidneys.

Invokana was approved in 2013 by the U.S. Food and Drug Administration (FDA) and has been linked to dangerous side effects since its approval.

Some patients taking Invokana have been diagnosed with serious medical conditions, including kidney failure and diabetic ketoacidosis, which occurs when too much acid builds up in the blood.

Alabama resident Donald Mayne developed diabetic ketoacidosis less than a month after starting treatment with Invokana’s sister drug Invokamet in March 2015, according to court documents. Invokamet is a combination of Invokana and the anti-diabetic drug Metformin.

Mayne reportedly suffered kidney failure after being diagnosed with diabetic ketoacidosis and was hospitalized for several days.

In May 2015, just two months after Mayne’s diagnosis, the FDA issued a warning about Invokana and its potential to cause diabetic ketoacidosis in some patients.

Mayne filed a lawsuit against Janssen, its parent company Johnson & Johnson, and Mitsubishi Tanabe in May 2016. The lawsuit asserted 12 claims against the companies, including strict liability, negligence, and fraud.

Mayne’s was one of the 106 Invokana lawsuits removed from Philadelphia’s Court of Common Pleas to the Eastern District of Pennsylvania last year.

It remains to be seen whether the cases now pending in Pennsylvania federal court will be transferred into the Invokana MDL in New Jersey.

Invokana patients who experienced side effects like kidney failure or diabetic ketoacidosis may be able to file Invokana Lawsuits of their own. Schmidt National Law Group is currently seeking claimants and is in the process of filing claims related to Invokana and its potential side effects. Contact us today at 1-800-214-1010 or visit our website to learn more.

The case is Mayne vs. Janssen Pharmaceuticals Inc. et al (2:16-cv-05824) in the U.S. District Court for the Eastern District of Pennsylvania and In Re: Invokana (Canagliflozin) Products Liability Litigation (MDL No. 2750) in the U.S. District Court for the District of New Jersey.

About Schmidt National Law Group

Schmidt National Law Group is a personal injury firm located in San Diego, Calif. Its team of experienced attorneys represents victims of all types of injuries, including those harmed by pharmaceutical drugs and medical devices.

Schmidt National Law Group’s team of attorneys, medical professionals, writers, and case managers fight every day for the rights of the injured. Martin Schmidt, a trial attorney with 30 years experience, has been recognized as a leading personal injury attorney and was chosen as one of the "Top 100 Trial Lawyers" by the American Association for Justice in 2015 and 2016.

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Schmidt National Law Group
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