Levaquin Lawsuit: Attorneys Disagree over Trial and Discovery Plan
October 20th, 2008 • Filed Under: News • 23 Comments
A status conference was held Friday before U.S. District Judge John R. Tunheim, who is overseeing the federal Levaquin lawsuits pending in Minnesota. In documents filed with the Court before the conference, the attorneys for the parties disagreed about the process the court should adopt for selecting the first cases for trial.
Levaquin is an antibiotic sold by Johnson & Johnson for treatment of upper respiratory infections, urinary tract infections, prostatis and other bacterial infections. It is part of a class of antibiotics known as fluoroquinolones, which have been associated with tendon toxicity and an increased risk of tendon ruptures, most frequently involving the Achilles tendon.
All Levaquin tendon rupture lawsuits filed in federal court have been consolidated and centralized in the U.S. District Court for the District of Minnesota before Judge Tunheim for pre-trial litigation as part of a procedure known as an MDL, or multidistrict litigation.
Under the federal procedure, the cases are all handled together to during discovery and pretrial litigation to efficiently move the mass tort cases through the court system. The MDL rules normally require that cases be returned to the original jurisdiction where they were filed for trial.
On October 15, 2008, lawyers representing plaintiffs with a Levaquin lawsuit in the MDL filed a Proposed Discovery and Trial Plan which asked the court to set initial trial dates and case specific discovery in cases filed directly in the District of Minnesota. They indicated that this would allow the Court overseeing the MDL to preside over the trials as well, ensuring the cases would not be transferred to another forum for trial.
In pharmaceutical litigation involving claims for drug side effects, the first trials scheduled are considered “bellwether” cases, which are selected to be representative of the issues which will be presented throughout the litigation, and to help establish potential values for various groups of similar cases.
On October 16, 2008, the defendants, Johnson & Johnson, Johnson & Johnson Pharmaceuticals Research & Development and their subsidiary Ortho-McNeil-Janssen Pharmaceuticals, filed a response to the plaintiffs’ proposed Levaquin lawsuit trial plan, indicating that it was premature and inappropriate to designate the cases at this time.
They indicated that parties have not had an opportunity to gather sufficient information to assess which cases would be most representative of the issues presented in the Levaquin tendon rupture litigation.
The cases allege that Johnson & Johnson failed to adequately warn users about the potentially debilitating side effects of Levaquin. The lawsuits selected for the first trials trial will be used to gauge various issues in the litigation, such as the impact of other risk factors for tendon ruptures, the use of Levaquin together with corticosteriods, the increased risk among those over 60 and the sufficiency of the different variations of the Levaquin warning label.
The defendants indicated that the court should allow additional case-specific discovery to ensure a proper and informed selection of cases which “will evoke the most important issues” for trial.
Comment by david on 28 October 2008:
Typical stalling tactics by the defendants. Same thing we see regarding the Black Box Warnings request by the FDA in June of 2008, regarding spontaneous tendon ruptures and the fluoroquinolones. Here it is almost November, FOUR MONTHS LATER and still NO Black Box Warnings OR Dear Doctor Letters. Same request was made by Public Citizen in 1996 when levaquin first hit the market, as well as the Attorney General of the State of Ilinois in 2005. Still NO Black Box Warnings, and still NO Dear Doctor Letters either. Even while negoiating with the FDA regarding these new warnings J and J CONTINUED stating that the warnings were more than adequate in a personal corrspondence to me. Yet their defense is that the warnings are adequate in spite of this being a known adverse reaction to this class for two and one half decades. Please……how much more “disovery” could they possibly need? They have twenty five years worth. Levaquin blows tendons, plaintiff’s blew a tendon after taking Levaquin. Warnings regarding this have been grossly inadequate for over two and a half decades now for the whole class and over a decade for levaquin alone. End of story.
Comment by Pam on 28 October 2008:
I had a terrible reaction to levaquin. I attached my central nervous system and caused nerve damage all along my spine. My left lung shut down and nerve damage down my leg. It has taken months for recovery and I am not still not recovered since the end of August. It is almost Nov. now. It should not be on the market it is deadly.
Comment by Marty on 14 November 2008:
I started a ten day routine of Levaquin for a sinus infection May 22, 2008. Somewhere around the fifth day of the routine, my right ankle became very painful. I completed the tenth day on May 31, 2008. The pain did not cease and on June 13, I stepped off my front porch stoop and my ankle tendon tore (with the “grain”) and as a result, broke my ankle. The tendon became detached from the bone causing the break.
I have no history of anything like this occurring in my past and looking back realize without a doubt that the Levaquin caused the problem. My orthopaedist placed a boot on my foot and told me to keep it immobile and elevated for 3-4 weeks.
On July 1, 2008 I had an episode of oxygen deprivation and thought I was having a heart attack. Had to go to the hospital the next day and a CT Scan revealed both lungs full of blood clots. My cardiologist said it was from the ankle break/tear and stated that one more blood clot would have caused a stroke or worse. Had I died, no one would have ever discovered the hidden cause (the Levaquin), it may have even been blamed on the sinus infection itself.
I want to make it clear that the tendon did NOT rupture in the usual sense of the word. My orthodaedist (I tried three times) finally said yes, it could have been caused by the Levaquin because there was no other reason. Many, many orthopaedists give their patients Cipro/Levaquin after surgery and I could tell the orthopaedist resented my bringing it up and forcing a response.
Comment by humberto on 17 November 2008:
I had been taking levaquin since 2001 prior to me being admitted to the
hospital in 2006. I had endocharditus infection in my heart my doctor at that time said I would need it for life. Legs swelled, could not urinate and lost my breath Icould not walk 5 ft. without loss of breath at the hospital. I had thought the levaquin stopped working causing all
my system to fail.
Comment by Rosialee on 25 November 2008:
I took levaquin around the 1st of Feb 2008. I have had problems with my joints hurting more than usual but though this was because I have back problems. In June and July, my shoulders began hurting even more and I had pain that I have never had before, as well as in my arms and hands. At the end of July, my left shoulder had so much pain that it felt like something tore. The pain is so bad that it makes me sick to my stomach. The catscan shows tendonitis and bursistis. My job is not physical and this should not be there by simpley moving my arm.
Comment by Kathleen on 10 December 2008:
I was prescribed Levaquin October 28,2008. I was being treated for a UTI.I took the 500mg. of Levaquin for 11 days. First I experienced like symptoms of Fibromyalgia .My entire body ached. I could hardly walk,or grasp anything. I have been having delibitating pain.The tendons in my arms are so painful.I went to the doctor and told her that my still was experiencing pain even after two weeks.I have never had such pain in my muscles and joints.
Comment by Debbie on 14 December 2008:
Who is the best person to contact regarding joing a class action lawsuit for Levaquin? I’ve responded to a few sites online, but not received much response. I had to have rotator cuff surgery as a result of the drug. It also gave me shortness of breath and chest pain.
Comment by Cari on 27 December 2008:
Well this is a real eye opener… Firstly in 1999/2000 (Christmas /New year period) I was diagnosed with a bronchial infection…and was prescribed Levaquin. I became increasingly ill and took a long time to recover. I attributed it all to the infection. Then about four months later after having continuous pain ever since ‘infection’ I was diagnosed with Fibromyalgia.!! I was told i would have to live with this pain..which was/is at times unbearable. However in 2004 i was given Ciprofloxicin for another infection…..I became terribly ill and in far worse pain than ever before….again i attributed it all to the infection and that i had been diagnosed with Fibromyalgia (which apparently has no known cause) In 2007 I was given levaquin for a parotid gland infection, for some reason my glands were going bananas !!! Again I experienced horrendous pain and my ankles became so tender and I could hardly walk. Not to mention that my hips were burning with pain as were my feet and my joints in general. Again i thought that my “”"Fibromyalgia”"” was flaring and that it must get worse at times of infection. Then in August 2008 again I was prescribed Levaquin for a sinus infection….. again I was in tortuous pain in my legs feet ankles etc and this time my right knee felt like it had been hit with a sledgehammer….I thought I must have hurt it and forgotten about hurting myself….!!!!! I stayed this way till now as I await an MRI…..BUT in October I had another prescription for \Levaquin as my sinus infection had returned….pain again just like before went out of control.
Finally this month december 2008 I was again prescribed a quinolone….Avelox…and lo and behold I was in agony by 2nd pill…. Knee became worse ankles were like knives were attacking them…..and a host of symptoms that I can now relate to Quinolone antibiotics. Levaquin started it all in my opinion and I feel absolutely violated and abused….my life is total pain….. and that pain increases ten times over at least every time I take one of these poisonous drugs…. I can PROVE that my problems are Levaquin related…. Emerg visits, Fibro diagnosis, knee problem, ankles from hell, digestive probs, heart pain, gland problems…all since Levaquin…. I was healthy and working 3 jobs before 1999…..
I am gathering all my info….I will n ot let this rest… i am a nurse by profession and will not stop till I prove it all.
Comment by Tami on 4 January 2009:
I was given Levaquin for a sinus infection on 9-30-08. By the 5th pill I could not lift a cup of coffee with my left elbow. My left heal and tendon to second toe on left foot began to scream with pain. I soon developed hives on my body and in aV pattern from my chin down, I have eye floaters that make areas I look at dark gray. Then my intestines started churning and gurggling like never before, by 12-23-08 I had a CT scan for abdominal pain and found a severe infection in my ascending colon. That was also listed as a possible side effect. How do we unite to stop the spread of this drug and it’s debilitating side effects? I am in, because what if they decide to approve it for our children? The physicians are in bed with the drug companies thru kickbacks and the FDA is in bed with the drug companies. Just ask your doctor” Do you need to be punitively reminded of you hipocratic oath? See what flies then.
Comment by Mary on 4 February 2009:
I ruptured my left posterior tibial tendon on Jan. 3, 2005. My physician had given me Levaquin, Cipro and steroid shots between Nov & Dec 2004. I could not walk correctly. It took me 6 mo to get an MRI and the correct diagnosis. After 1 1/2 years walking with a leg brace, I had the surgery Nov. 06, rehab to learn to walk again, another surgery Jun, 07; rehab to learn to walk again; knee repacement surgery Jul 08 and another rehab. I had no idea that my injury was related to the medication until the newspaper accounts of the black box warning.
Comment by Sherry on 20 April 2009:
After taking Levaquinn for about 4 weeks for a Chronic sinus infection I developed severe pain in my knees.After I called and told them this they toom me off of it.The pain continued, went to doctor they did x-rays said I had Arthritis in both of them.I never had this problem before.I am on Naoproxen and vicodin,I still am in pain.
Comment by Kathy on 23 April 2009:
I was prescribed Levaquin for an upper respiratory infection. After the third pill, I woke up in the morning with severe pain. It felt as if my fingers would break when I bent them, pain in my elbows, knees and shoulder. The fingers and elbows have gotten somewhat better but I am still have severe pain in my knee and shoulder. If I bend my knee it feels as if there is glass in there and it is going to break. This is going to adversely affect my schooling for nursing as I will start working in the hospital next week. I am tired of being in pain. This medication should be removed from the market.
Comment by Barbara on 30 April 2009:
I was prescribed Levaquin Tabs 500 mg on 02/18/09 and again 03/17/09. In the last week of March I was walking in my house and had a sudden pain as if someone kicked the back of my ankle, I wasn’t able to touch my heel to the floor because of pain in my achilles tendon. I’m still not able to put all my weight on my foot because of pain from my calf muscle to my heel, and the back of my ankle aches with most any movement.
Comment by Debbie on 6 May 2009:
I was prescribed Levaquin for a chronic sinus infection in October 2008. As I finished the meds my left achilles tendon began burning. Then the pain went away. In November 2008, I was prescribed Levaquin again (now given the warning) after 10 days my achilles tenton began hurting and burning, again. I stopped the medicine. Now it is May and I am still in a lot of pain. It is had to walk. I am on Naoproxen and am still in pain.
Comment by Ellen on 18 May 2009:
When I read these posts I just want to cry…I know what these people are feeling as I have suffered some of the same symptoms. The sad thing is that I didn’t know at the time that it was being caused by taking levaquin. After taking several courses of levaquin 500mg. over a period of years I decided to check the net to see what kind of side effects levaquin had. I had just taken my 10th dose and wondered if it may have something to do with the excrutiating pain I was having in my knees and hands. Now I’m afraid that I’ll never be free from the pain. I think justice should require the makers and pushers of this drug to take their own medicine. Maybe it doesn’t effect everyone, but who wants to play russian roulette!
Comment by debra on 3 June 2009:
on may 13th,2009 i was prescribed leviquin for a serious upper respiratory infection. dr. said that we needed an aggressive antibiotic because of copd. i didnt know anything about this drug. but on the 3rd day, it hurt to walk.my knees were cracking.my knees swelled and my thumb swelled. it kept on hurting. i take other mdes but this was the only new one i was on. on 6-1-09 i leaned down in a grocery store to get an item and pain shot thru my legs and i fell. i could get up. pain in trying to bend me knees to get up made me cry out.it took to people to help me up and it was unbelievable pain. now if i write for more than 15 minutes, my thumb swells. its like suddenly you have rheumatoid arthritis or fibromyalgia. i live where there is 12 steps i have to climb.i try to breathe in and out to prevent from screaming. my ankles hurt. grocery shopping and carrying my groceries is dreadful.its like i traded in an illness for a nightmare. i took this drug for 10 days, the highest dose . i tried to get into my family dr quick but have an appointment on 6-10-09. so i went to an urgent care. the dr. said leviquin was on the market for 12 years and he had seen 3 cases of this. he gave me some pain med and nsaid patches for my right knee. whats bad was in 2000, i fell and tore my acl and meniscus in my left. the pain is bad in that knee now but my good knee is like theres no synovial fluid left. how long will this last? is the damage permanent? this drug costs over 30.00 a pill without insurance.i have insurance and with a coupon from its maker i paid 45.00. i am thankful i donthave the uri but omg this is os not worth it. dont let anyone you love take this.fda where are you? debra
Comment by debra on 3 June 2009:
i see my md 10th of june. bad thing is i cannot take nsaids, which is what they prescribe.orally. so i am using the patches. but they are quite expensive.thank God for samples.nsaids orally-cause chest pain and affect other surgery procedure.
Comment by Judy on 8 June 2009:
I have been taking Levaquin off and on for about 10 years cause I am allergic to penicillin and sulpha drugs. This one I could tolerate. About 7 years ago I had the ankle pain. Went to an orthopedic and he said I had a tear in the achilles tendon. I thought…..well I didn’t injure myself in anyway. Over the course of these past couple years I am going to a foot and ankle specialist on a regular basis. He has prescribed me a boot to wear, also a night splint and currently I am waiting on some ankle braces. This is in both achilles tendons. Have also been through physiotherapy with no help. I have also let the doctor put a cast on me for 3 weeks. Helped a little, but just did it on one leg. At one doc appt I told him I had breathing issues…they say it is “probaly copd or asthma”. I also went thru the chest and back pain so severe I thought I was having a heart attack. Even went thru a stress test and lots of blood work to see if I had one. I didn’t. Severe pain in my arms too. I am shopping an attorney now. My foot specialist had no problem thinking it was from Levaquin when I mentioned to him. (He has another patient with same issues) and is from levaquin. I refuse the surgery, VERY LONG recouperation time.
Comment by Don on 9 June 2009:
I was on levaqin Jan 09 for bronchitis after a 5 day 750mg dose of leaqin I ruptured the petila tendone, needing surgery to reattach the tendone. Still going to therapy to try and get back to normal. I am a carpenter by trade and this has affected my whole life.
Comment by Mary on 9 June 2009:
I took Levaquin in December of 2006 for 10 days and woke up on the 9th or 10th day with swollen joints to where I could not bend my knees. With medication, the swelling went down, but the pain in my hip never went away - it is now June of 2009. I contacted OrthoMcNeil right away and reported this side effect. Several months later, after MRI’s x-rays, injections epidurals, etc., I filed a report with the FDA. My life has never been the same. The doctor who replaced my knee (not a direct result of the levaquin apparently) said that my hip did not have arthritis and was not a surgical issue. I am still having problems and can’t walk any distance without discomfort. I usually wear a TNS unit or a lidocaine patch for the pain, in addition to taking antiinflammatory medication
Comment by Beth on 10 June 2009:
March of 2008 I was put on Levaquin for an infection in my lower back. Since this infection turned out to be a MRSA I was on Levaquin for 2 weeks instead of the standard 7 day treatment. Within 2 days of being on Levaquin my wrists, just under the thumb, on both hands became swollen and very painful. The slightest bump put me in tears. i immediately complained to my doctor who said oh its probably arthritis. I didn’t know anything at that time about Levaquin or what it could do. Finally after a year of pain and swelling in my wrists my doctor referred me to an orthopedist/rheumatologist. By this time I had begun to read about Levaquin. When i told the orthopedist I had been on Levaquin he told me that it was bad stuff. Turns out i do have tendon synovitis believed to have been caused by the Levaquin, since I had been engaged in no activity that should have caused this. So far I have been given cortizone injections in both wrists and am currently going to PT 3 times a week. This medication is bad news.
Comment by Maureen on 30 June 2009:
In Sept. 08 I went to the ER for severe abdominal pain. Hospitalized one day for observation. I was given two I V ’s of Levaquin. Released and to follow up with Cipro and Metronisizal for 10 da. I began to have pain in my left shoulder, so painful I could not raise my arm. Next thing I had pain in my thighs, calves and ankles. I was able to see my Dr. 4 or 5 days within my release from the hospital. After several visits he ordered an MRI. The MRI report showed that I had a small tear in my rotator cuff. He injected my shoulder with a steroid. Then I did get some relief in my shoulder. I was referred to an Orthopedist - he suggested that I go to Physical Therapy. I did this 2 to 3 times a week for 6 wks. During this PT I began to have better use of the arm and shoulder.
During the time I was in Physical Therapy, I was suddenly not able step on my left ankle. Had x-rays it showed no fractures. Saw another Orthopedist, he said I had posterior tibial tendon problems. He prescribed custom made orthotics. It took weeks for me to adjust to wearing them. Just the cuff of the shoe touching the inflammed tendon was unbearable.
I have been taking strong pain medications as the shoulder pain has returned. I can walk for about 5 min., and that is it. When I shop I have had to use a rider to manuever in the stores.
These medications have changed me from a healthy active person to one struggling to dress myself and limited to 5 minutes -top - of walking. I have used an ice pack on my ankle for the past 7 months.
Do the manufacturers of Levaquin and Cipro have take any responsiblity that leaves me in pain and struggling each day?
Comment by Linda on 30 June 2009:
I was prescribed Levaquin 500mg. for 10 days in January of 2009. It was for an intestinal infection. I felt terrible the first day , but continued to take it. I had very stiff knees and could not bend to walk up steps and ached all over. But I thought I should continue to take it because it was an antibiotic. I had not had any trouble with my knees ever! I finally looked on line for side effects after 7 days of taking this horrible drug ( which made me feel worse than the infection) and saw all the emails of people with my same symptoms! I immediately stopped taking the drug. I called my Internist ,who had prescribed the drug ,and told her about my knees and they said that it wasn’t from the Levaquin because I hadn’t taken it long enough! To do that! I still have this pain in my right knee and getting worse everday ! Finally I went to an orthopaedic doctor, He ordered an MRI and said I have a torn meniscus and need surgery. These drugs need to be taken off the market!