Invokana, a new type 2 diabetes drug manufactured by Johnson & Johnson’s Janssen Pharmaceuticals, has been associated with a cluster of severe side effects. Ketoacidosis, a severe form of blood poisoning in which the body produces too many blood acids, is chief among these risks, but the FDA has also notified patients of serious urinary tract infections and kidney failure.
Since the US Food & Drug Administration released its series of major safety warnings, alerting Invokana patients to “pay close attention” for labored breathing, nausea and vomiting, abdominal pain, disorientation and other symptoms of ketoacidosis, a number of patients have filed Invokana lawsuits.
Should I Join An Invokana Class Action?
But a different question, one of a legal nature, has also come into play. Some attorneys have referred to the potential Invokana litigation as a “class action,” while others only write of “individual” personal injury lawsuits.
At Banville Law, our attorneys do not believe that the Invokana litigation will proceed as a class action. We intend to bring individual lawsuits on behalf of our clients.
Just as the human body is unique, each patient potentially harmed by Invokana will have been injured in a different way. Specifics matter, in law as in all things. We believe that each patient deserves personalized attention and unique consideration. As a result, we believe that individual claims should be treated on their own merits.
In the typical class action, one or more “representative” individuals file suit, generally against a larger corporate defendant, on behalf of a much wider group. This group is known as a “class,” and each member’s claim must satisfy certain conditions:
- all claims must share common questions of fact or law
- allegations made in the complaints of representative parties are typical of the allegations made by members of the class
- the representatives will adequately and fairly protect the interests of class members
But just as class members share allegations, they also must share the court award or settlement in the event that the case is won. And while the total award in a class action is often very large, the amounts ultimately received by any class member can be minuscule. In fact, in most class actions, many members never receive any form of settlement.
Class actions are most common in relation to consumer product recalls and alleged stock fraud.
Rather than pursuing a class action, Banville Law is currently investigating individual Invokana claims. But since the legal community expects many such SGLT2 inhibitor lawsuits to be filed, it’s likely that many will be “consolidated” into a Multidistrict Litigation (MDL).
In these “mass torts,” claims involving similar allegations against a single defendant are transferred to one Federal Court, and overseen by one judge. The individual cases will then proceed together, but only for “discovery” (in which evidence is gathered) and other pre-trial proceedings. After common questions of fact are determined, the cases can be sent back to the original courts in which they were filed. Plaintiffs can then decide to accept an Invokana settlement offer or proceed to trial, but make those decisions for themselves.
Like class action, MDL takes a significant burden off the court system, but still allows individual plaintiffs to determine the outcome of their own cases, rather than being tethered to the decisions of “representative” plaintiffs.
Contact Banville Law’s Attorneys
Did you or a loved one suffer ketoacidosis or kidney failure after being prescribed Invokana, Jardiance or Farxiga? You may be entitled to compensation.
Contact the attorneys at Banville Law today. It costs nothing to learn more about your own legal options and case eligibility. We are committed to providing experienced legal counsel to all patients and always offer our services on a contingency-fee basis. You pay nothing until we secure compensation in your case.
For a case evaluation at no cost, call Banville Law now.