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Invokana Cases Move Toward Trial in New Jersey

As previously discussed, in December 2016, the U.S. Judicial Panel on Multidistrict Litigation ordered Invokana cases consolidated into a Multi-District Litigation (MDL)in the United States District Court, District of New Jersey (MDL 2750).

Since the inception of the litigation, more than one thousand cases have been filed in the District of New Jersey. Cases filed in the MDL allege that individuals taking Invokana are at an increased risk of an amputation of a lower extremity (leg or toe), as well as an increased risk of suffering from ketoacidosis, which is a condition the causes the body to produce high levels of blood acids called ketones. Symptoms of ketoacidosis include nausea, vomiting, abdominal pain, fatigue, and difficulty breathing.

Currently, the parties are working toward the first trial, which is scheduled to begin in September 2018 before Judge Brian Martinotti, United States District Judge.

Pursuant to Case Management Order No. 20, the Group A Bellwether Cases consist of twelve cases (six cases chosen by Plaintiffs and six chosen by Defendants) – six Plaintiffs who ingested Invokana and developed diabetic ketoacidosis and six Plaintiffs who ingested Invokana and developed a kidney injury. The Court encouraged the parties to select cases that “they have a good faith belief are representative cases that should be robustly discovered and then taken to trial.”

In addition to the Group A Bellwether Cases, the Court also established a protocol for Group B Bellwether Cases, which focuses on Plaintiffs who developed a cardiovascular injury (heart attack or stroke) after ingesting Invokana. Six total cases were to be chosen for Group B with Plaintiffs and Defendants selecting three cases each.

No Order has been entered yet with regard to expected bellwether cases or trial dates for Plaintiffs claiming an amputation as a result of ingesting Invokana, but those claims continue to move forward.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume VIII, Number 44


About this Author

Stefanie Colella Walsh, Pharmaceutical Litigation Attorney, Stark Law Firm

Stefanie Colella-Walsh is a Shareholder and member of Stark & Stark’s Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups where she concentrates her practice in complex litigation with a focus in mass tort and pharmaceutical litigation. She also handles litigation related to nursing home negligence and abuse claims, elder abuse, and assisted living facility litigation.

Recently, Ms. Colella-Walsh was a member of the national trial team involved the first trial in the country of a TVT-Secur transvaginal...