The Judicial Panel on Multidistrict Litigation (JPML) has ordered that all federal Invokana lawsuits be consolidated in the United States District Court for the District of New Jersey before Judge Brian Martinotti. The Panel held that “the Invokana/Invokamet actions involve common questions of facts, and that centralization of these cases will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” The Panel further found that “[t]he actions share factual questions arising from allegations that taking Invokana or Invokamet may result in patients suffering various injuries, including diabetic ketoacidosis and kidney damage. The actions thus implicate numerous common issues concerning the development, manufacture, testing, regulatory history, promotion, and labeling of the drugs.”
Lawyers for numerous Plaintiffs sought centralization in the District of New Jersey because Janssen Pharmaceuticals is headquartered in New Jersey, and numerous cases were already pending in that District. The Panel agreed, finding that many of the relevant documents and witnesses are likely to be found in New Jersey. Other courts that the Panel had considered included the Northern District of Illinois and the Eastern District of Missouri.
The Panel refused to consolidate cases involving similar, but competing SGLT2 inhibitor drugs, including Farxiga and Jardiance. Farxiga is marketed and distributed by AstraZeneca Pharmaceuticals and Bristol Myers Squibb, and Jardiance is marketed and distributed by Boehringer Ingelhem Pharmaceuticals and Eli Lilly. The Panel did not indicate when a multidistrict litigation (MDL) will be created for those drugs, or to what court those litigations would be assigned. The Panel reasoned that the protection of trade secrets between competing similar drugs makes it difficult to efficiently achieve coordination, citing In re: Watson Fentanyl Patch Prods. Liability. Litig., 883 F. Supp. 2d 1350, 1350 (J.P.M.L. 2012).
Lawyers in our Mass Torts Section who are handling the Invokana litigation are pleased that the Panel has chosen to centralize all Invokana and Invokamet lawsuits in the District of New Jersey before Judge Brian Martinotti. While Judge Martinotti is new to the federal bench and does not have MDL experience, he is a seasoned jurist with considerable experience overseeing mass tort pharmaceutical litigation within the New Jersey state court system. If you need more information on the Invokana litigation contact Danielle Mason or Roger Smith, lawyers in our Mass Torts Section, at 800-898-2034 or by email at Danielle.Mason@beasleyallen.com or Roger.Smith@beasleyallen.com.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.