Plaintiffs Move to Consolidate Invokana Lawsuits

Trenton, NJEnough Invokana lawsuits have been filed making similar allegations that the Invokana side effects lawsuits should be consolidated for pretrial proceedings, plaintiffs have argued. Lawsuits filed in both the US and Canada allege the use of Invokana caused damage to patients' kidneys but that the makers of Invokana (known generically as canagliflozin) failed to warn patients about that risk.

According to reports, in the US at least 56 separate lawsuits in 11 federal districts have been filed against Janssen Pharmaceuticals, which is owned by Johnson & Johnson. Those lawsuits allege patients were not adequately warned about the risk of kidney damage associated with the use of Invokana. The recent motion to consolidate the lawsuits for pretrial proceedings notes that the lawsuits and tagalong actions have the same or similar questions of fact and make similar allegations.

The motion to consolidate is before the Judicial Panel on Multidistrict litigation and requests the MDL be consolidated for pretrial proceedings in New Jersey federal court.

Meanwhile, plaintiffs have requested almost 100 lawsuits be consolidated for pretrial proceedings in Pennsylvania. 87 lawsuits are under consideration in that motion, which affects lawsuits filed in Philadelphia. Johnson & Johnson has filed a motion to dismiss some of the lawsuits, arguing that some filed in Philadelphia have no link to the region and therefore no jurisdiction.

Lawsuits are typically consolidated for pretrial proceedings when they have similar questions of fact and make similar allegations. The move is done to prevent duplication of efforts where the same discovery and documents could be used for all cases.

Invokana is a type 2 diabetes medication that has been linked to an increased risk of ketoacidosis and kidney failure. The US FDA and Health Canada have both issued warnings that the risk of diabetic ketoacidosis associated with Invokana is higher than originally believed. Since that time, lawsuits have been filed against Janssen Pharmaceuticals, alleging the company knew or should have known about the risks.

Johnson & Johnson has said it would defend against the allegations.

In addition to lawsuits in the US, Invokana lawsuits have also been filed in Canada, alleging patients were harmed by use of the drug.

The proposed New Jersey MDL is In Re Invokana (Canagliflozin) Products Liability Litigation, MDL 2750, in US Judicial Panel on Multidistrict Litigation. The Philadelphia case is In Re Invokana, case number 160902820, in the Court of Common Pleas of Philadelphia County, Pennsylvania.