Janssen Loses One Invokana Battle

Trenton, NJAs patients wait to hear if the proposed Invokana multidistrict litigation has been approved, Janssen has been handed a loss in a lawsuit filed against them. The maker of the diabetes drug had filed to have a lawsuit thrown out of Pennsylvania state court, but a judge found the Invokana lawsuit could continue as filed.

According to Reports, Matthew Landes is from Texas but filed his Invokana lawsuit in Pennsylvania. Janssen, a subsidiary of Johnson & Johnson, argued Landes had no ties to Pennsylvania and filed the lawsuit in the jurisdiction because it is known for being friendly to plaintiffs. Furthermore, Janssen argued, getting the patient's doctor to testify in Pennsylvania would be difficult. The drugmaker, however, has offices in both Pennsylvania and New Jersey, which the plaintiffs argued made collecting the bulk of evidence for a lawsuit in Pennsylvania more efficient.

Judge Denis P. Cohen did not give a reason for his decision to allow the lawsuit to proceed in Pennsylvania.

Invokana is used to treat type 2 diabetes but has been linked to diabetic ketoacidosis, where the patient produces too many blood acids (known as ketones).

Lawsuits filed against Janssen Pharmaceuticals allege Invokana is unreasonably dangerous and patients were not properly warned about the risk of diabetic ketoacidosis. Court documents filed in one lawsuit—Puente et al v. Janssen Pharmaceuticals, et al., case number 3:15-cv-08070—allege the defendants failed to conduct proper safety studies, failed to publicize "alarming safety signals," and suppressed information that would have revealed life-threatening risks associated with the drug.

Plaintiff Maria Puente allegedly developed diabetic ketoacisosis and severe kidney damage after she began taking Invokana. Puente and other plaintiffs say they would not have used the drug had they been properly warned about the risks.

Enough lawsuits have been filed against Janssen that a motion for consolidation has been filed. According to reports, at least 56 lawsuits have so far been filed in 11 federal districts. Those lawsuits have requested consolidation in New Jersey. Approximately 100 lawsuits have also been proposed for consolidation in Philadelphia.

The New Jersey MDL that has been proposed is In Re Invokana (Canagliflozin) Products Liability Litigation, MDL 2750, in US Judicial Panel on Multidistrict Litigation. The individual lawsuit is Landes v. Janssen Research & Development LLC et al., case number 160300269, in Court of Common Pleas in the State of Pennsylvania, County of Philadelphia.