Michigan Law No Antidote for Levaquin Side Effects

Sheridan, MIThe only thing she did wrong was consent to undergo knee surgery. If it weren't for the surgery, Nancy Luckhurst wouldn't have been prescribed the Levaquin antibiotic that gave her pain in both knees and left her with Levaquin side effects. "It was like someone whacked me with a baseball bat," Luckhurst said about Levaquin's after-effects.

Subsequent to the pain she felt in both knees literally a day following her surgery, Luckhurst has also suffered swelling and pain in her Achilles tendons.

It is not known whether, or not Luckhurst's permission was sought before the Levaquin antibiotic was administered to her. However, it appears as if the patient was not informed as to the concern over Levaquin given her reaction upon finding out just what Levaquin was all about.

Curious about what may have been the cause of her severe pain, the retired truck driver did an online search for Levaquin. It was then that the 60-yerar-old discovered the truth about the antibiotic that was prescribed to her following surgery.

Levaquin medicine is a powerful antibiotic that is linked to ruptured tendon and joint pain. The US Food and Drug Administration (FDA) issued a black box warning for Levaquin, but only after it was pressed on the issue by Public Citizen (PA), the consumer watchdog. If Levaquin was to remain on the market, PA surmised the least the FDA could do was properly warn prospective Levaquin patients about the potential side effects.

Those Levaquin side effects are particularly high for patients over 60—the very demographic Luckhurst was just entering.

"I went, 'Oh, my God,'" recalled Luckhurst. "Until then, I didn't have a clue."

In an aside, Luckhurst lives in Michigan—a state with a pharmaceutical-friendly law on its books prohibiting lawsuits unless the plaintiff can prove that the drug manufacturer committed fraud, bribery or intentionally withheld information from the FDA.

That law, brought in 1996 was enacted in an effort to attract more pharmaceutical companies to the state at a time when automotive jobs—the lifeblood of the state—were in decline. The strategy appears to have worked to a point. A study conducted by the University of Michigan this past February estimated that the state's bioscience sector contributed $9.34 billion to Michigan's economy in 2006 and accounted for nearly 100,000 jobs.

(The same study found the number of Michigan residents employed by private bioscience companies declined by 10.5 percent from 2002-2006, largely because pharmaceutical companies pulled out).

That doesn't help people like Luckhurst, who have been made to suffer unknowingly and allegedly by the Levaquin antibiotic. Even though Levaquin is an FDA-approved drug, Luckhurst lacks little legal recourse unless the drug immunity law is repealed.

That doesn't look like it's going to happen anytime soon. The state House last month passed bills to repeal Michigan's immunity law, but state Senate Majority Leader Mike Bishop (R-Rochester), said he does not intend to allow a vote on it in the Senate.

Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, said Michigan's immunity law is the most restrictive in the nation.

"Anyone who sees there is no other state with a law like Michigan's must conclude either all the other 49 states are wrong or Michigan is wrong," he said. "I think it's the latter."

There is an effort underway to foster a repeal of the drug immunity law in Michigan and Luckhurst is a part of it. However, the retired truck driver wages her battle amidst the pain brought on by the Levaquin antibiotic only a day after her knee surgery. That was five months ago, but the Levaquin side effects remain. Thus, in her opinion the Levaquin medicine is bad medicine and she's doing her part to sound the clarion call. "It's not about me, per se. It's about getting this brought out and forcing these drug companies to be held accountable."