The lawsuit was filed by five plaintiffs, and seeks punitive damages of $750 million, plus $120 million for general damages. Specifically, the lawsuit alleges the defendants fraudulently conveyed false information concerning Levaquin’s safety, making it seem the drug was safer than it actually was for the purposes of financial gain. According to court documents, plaintiffs say they would not have taken Levaquin had they known about the risks and they would have been able to seek appropriate medical treatment once they suffered side effects if they had been made aware of the possible side effects.
“Defendants, each and every one of them, acting in concert jointly and severally, through the use of the interstate mail and wires, entered into and furthered a conspiracy to illegally and criminally influence the Commissioner of the Food & Drug Administration and the Food & Drug Administration to mislabel and misbrand a drug in order to make and sell an inherently dangerous drug by defrauding consumers…” the lawsuit alleges.
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Plaintiffs allege that between 2009 and 2015, approximately 500 deaths occurred that were associated with the consumption of Levaquin, while there were approximately 8,000 reports of adverse events as reported to the FDA’s Adverse Event Reporting System.
The lawsuit is Aston, et al v. Johnson & Johnson et al, case number 1:16-cv-00086, in US District Court for the District of Columbia.