Ortho-McNeil Facing Litigation Regarding Levaquin
Topamax is not the only product giving Ortho-McNeil legal headaches right now. Litigation involving Levaquin, an antibiotic used to treat life-threatening bacterial infections, is progressing with mixed results for the pharmaceutical company. Back in 2008, the FDA required that Ortho-McNeil add a black box warning – the most serious warning mandated while allowing a drug to remain on the market – notifying patients and doctors of the risk of spontaneous tendon ruptures occurring in patients taking Levaquin.
The first decision reached in Ortho-McNeil’s Levaquin cases did not go well for the company. 87-year-old John Schedin, who suffered a rupture of his Achilles tendon after taking Levaquin, won his case against the company back in December. A Minneapolis jury ordered Ortho-McNeil to pay $1.7 million in damages after it found Ortho-McNeil liable for Mr. Schedin’s injuries. Approximately $1.1 million of the award was in punitive damages – those a liable party is ordered to pay when the harm stems from particularly egregious actions.
The second decision came last month with much more favorable results for Ortho-McNeil. The company was found not to be liable for the injury to 84-year-old Calvin Christensen’s Achilles tendon, which snapped in 2006. There are over 2,500 similar Levaquin lawsuits pending against Ortho-McNeil.
These two decisions, seemingly contradictory rulings within the same jurisdiction, highlights how important context is in any products liability lawsuit. In both cases, the black box warning was yet to be placed on the Levaquin packaging, but the jury believed Mr. Christensen had been properly apprised of the risks associated with taking the medication while Mr. Schedin had not.
If your child has suffered birth defects due to your Topamax prescription, then you may be entitled to compensation from Ortho-McNeil in a birth defect or Topamax lawsuit. However, it is important that even before speaking to an attorney you document everything – symptoms, doctor visits, time missed at work, etc. – even before speaking to an attorney regarding your potential case as that will provide your attorney with the proper context for building a solid case. For a free consultation with an attorney from the Rottenstein Law Group experienced in handling cases just like yours, please fill out this brief contact form.