More than 100 plaintiffs suing Johnson & Johnson subsidiary Janssen Pharmaceuticals over injuries allegedly caused by its type 2 diabetes drug Invokana have proposed that the claims be consolidated and tried together in a mass tort proceeding in state court, but the drug company said it exercised its rights provided by the Class Action Fairness Act and removed the cases to federal court.
The notices were originally filed in early November in the U.S. District Court for the Eastern District of Pennsylvania. Plaintiffs are fighting the removal saying it is un-proper under any standard.
In September, plaintiffs filed a petition to consolidate 87 cases involving Invokana side effects in Philadelphia court, arguing that the number of cases is expected to at least double in the months to come. The claims are similar and consolidating them would help streamline the process. The count is now up to 106.
The lawsuits claim that Invokana causes acute kidney injury and ketoacidosis, a serious condition in which too much acid builds up in the blood. Both conditions require medical attention and can result in death.
The lawsuits also name Mitsubishi Tanabe Pharmaceuticals, and claim the drug companies failed to warn the public of Invokana side effects, defectively designed the drug, and improperly marketed the medication.
Source: The Legal Intelligencer