The vast majority of Invokana lawsuits have been centralized in a New Jersey federal court. Although some cases remain scattered in state courts across the country, most have now been transferred from their original courts to New Jersey. There, and under the careful guidance of District Judge Brian Martinotti, the claims will move through pre-trial proceedings as a coordinated group.
All of the lawsuits share a set of common allegations. Invokana causes severe side effects, the plaintiffs claim, but Janssen failed to tell us and our doctors. Since these allegations are shared by all of the plaintiffs, the patients and their families have been allowed to work together toward answers.
Janssen Pharmaceuticals also gains from the efficiency of a consolidated litigation. Instead of gathering evidence in federal courts across the country, the company can focus its defense efforts in one jurisdiction. Patients and families who have yet to file suit also benefit, since the centralization of Invokana lawsuits has resulted in a simpler filing process.
Is This A Class Action?
It’s very important to note that plaintiffs don’t lose control over their own cases once consolidation has drawn them to a central court. Every plaintiff retains the right to make the most important decisions about their lawsuit, including the choice to accept or reject a settlement offer. In a “class action” on the other hand, the vast majority of plaintiffs are not afforded complete control over the outcome of their case. Most won’t even know that the case has been filed until after its resolution.
How Settlements Work
What happens after pre-trial proceedings are over? Judge Martinotti has already told us, by scheduling the first bellwether trials for September 2018. Over the coming months, plaintiffs and the corporate defendant will decide on at least three cases that should go to trial before the hundreds of other lawsuits consolidated in New Jersey.
These bellwether trials will be held in front of actual juries and will result in actual verdicts. And while the initial judgments will only directly affect the individual plaintiffs at issue, the results can make a major difference in settlement negotiations.
Leverage in settlement conferences is won or lost on the basis of bellwether trial results. When plaintiffs win a series of bellwether cases, the defendant is put on the back foot. Maybe the future holds only more defeat and the idea of settling all of the cases at once becomes more attractive.
Likewise, plaintiffs who lose a number of bellwether trials are able to demand less compensation, since their chances at trial are starting to look grim. Bellwether judgments also help to fill out the picture of a case’s value, providing real-world data points, delivered by juries, that both sides in the dispute can use to structure their conversations.
Should I Wait To Contact An Attorney?
Each state has a statute of limitations, limiting the amount of time in which an injured patient can file suit. Even in the event that Invokana settlements do occur, patients who opt to wait for more lawsuits to be filed may lose the right to file their own.
The experienced plaintiffs’ attorneys at Banville Law have begun to investigate the claims of patients who believe that Invokana, Jardiance, Farxiga or any other SGLT2 inhibitor led to a lower limb amputation, ketoacidosis, kidney failure, heart attack or stroke. Our lawyers are devoted to providing compassionate representation to all injured patients nationwide. That’s why we offer a free, no obligation consultation, and always work on a contingency-fee basis. You owe us nothing until we secure a jury verdict or settlement in your favor.
For a free case eligibility evaluation, call Banville Law today.
Further Invokana Resource Guides