Judge Denies Motion to Consolidate Levaquin Tendon Rupture Cases
By Jim Greene
Published on January 28, 2010
A federal judge has denied a motion to consolidate three lawsuits alleging Achilles tendon ruptures were caused by the prescription antibacterial drug Levaquin® (levofloxacin). Plaintiffs' attorneys asked to try the three as a single multidistrict litigation (MDL) test case.
U.S. District Judge John Tunheim has been assigned to supervise consolidation of more than 240 similar Levaquin® cases in U.S. District Court for the District of Minnesota. He ruled that more information is required before a decision can be made on the three cases. Seven other cases have already been chosen from among a pool of 15 to be combined into a test trial, known as a bellwether trial.
Plaintiffs Claim Insufficient Warning of Side Effects
Plaintiffs claim Levaquin® makers were negligent in not adequately warning patients of the risk of dangerous side effects, especially cellular deterioration of tendon tissue that can lead to ruptures, including permanent damage to the Achilles tendon of older patients.
The purpose of consolidation is to eliminate duplication of efforts in pretrial discovery and avoid the conflicting pretrial rulings that can occur when trials are held in different jurisdictions. Bellwether trials are an attempt to give legal teams insight into factors that may affect future trials, in hopes of speeding up the latter or encouraging out-of-court settlements.
Attorneys Cited Common Factors in Three Cases
The request to combine the three rejected cases was based on common factors, including the fact that all three plaintiffs took Levaquin for a respiratory infection in combination with a corticosteroid. Each was in the same age group and each suffered an Achilles tendon rupture or tear.
Defendants prevailed when Judge Tunheim agreed that not enough information was available about each patient to determine sufficient commonality to combine the cases.
If you or someone you know suffered tendon damage after taking Levaquin®, contact an experienced product liability/personal injury attorney right away. You may eligible for financial compensation to help you deal with medical bills, loss of income, and pain and suffering.
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