Antibiotic Peripheral Neuropathy Lawsuits Increasing as JPML Considers Centralization

A growing number of Levaquin lawsuits, Cipro lawsuits, and Avelox lawsuits continue to be filed by individuals throughout the U.S. who have been diagnosed with peripheral neuropathy after using one of the popular antibiotics, as a panel of federal judges is scheduled to meet later this month to determine whether to established consolidated pretrial proceedings for the litigation.

There are currently at least 59 different peripheral neuropathy lawsuits filed over the antibiotics, which is more than double the number reported only eight weeks ago, when a motion was filed to centralize the cases before one judge as part of a federal multidistrict litigation, or MDL.

Levaquin, Avelox and Cipro are all antibiotics that are part of the same class of medications, known as fluoroquinolones, which have been linked to reports of permanent and debilitating nerve damage that may cause individuals to experience problems for years after they stop using the medications.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) is scheduled to hear oral arguments on a motion to establish an antibiotic peripheral neuropathy MDL during a session in San Francisco on July 30.

In May, a group of plaintiffs filed a request to centralize fluoroquinolone litigation before U.S. District Judge David R. Herndon in the Southern District of Illinois, to reduce duplicative discovery into common issues, avoid conflicting pretrial rulings from different courts and to serve the convenience of the parties, witnesses and the courts.

At the time the motion was filed, there were 24 complaints pending in 16 different U.S. District Courts, all involving nearly identical claims that the manufacturers of Levaquin, Avelox or Cipro failed to provide adequate warnings for consumers and the medical community about the risk of long-lasting peripheral neuropathy from the antibiotics.

In a response filed in support (PDF) this week, plaintiff Danny Phillips indicates that there are now 59 complaints pending in 33 different U.S. District Courts, urging the panel to centralize the litigation for coordinated discovery and pretrial proceedings.

The drug makers have previously filed an opposition to the request to centralize all of the antibiotic peripheral neuropathy lawsuits, indicating that there are too many different drugs involved in the litigation and too few cases to justify establishing a federal MDL.

Plaintiffs have suggested that as peripheral neuropathy lawyers continue to review and file cases for former users of Levaquin, Avelox and Cipro, there may ultimately be hundreds, if not thousands, of cases filed throughout the federal courts system.

Levaquin, Cipro and Avelox Nerve Damage Side Effects

Levaquin, Avelox and Cipro are among the most widely used antibiotics in the United States, which are all part of the same fluoroquinolone class of drugs.

In August 2013, the FDA required the makers of all fluoroquinolones to provide stronger warnings about the peripheral neuropathy risk from the antibiotics, indicating problems may last for months or years after an individual stops taking the drug.

Peripheral neuropathy involves damage to the nerves that may impair sensation, movement and other aspects of health. This may leave users with persistent pain, burning, tingling, numbness, weakness and sensitivity to light touches, temperature and motion in the arms and legs, as well as other problems that cause a major disruption to daily activities.

According to allegations raised in complaints pending throughout the federal court system, the prior warnings provided by the drug makers were inadequate and misleading.

Plaintiffs maintain that the drug makers placed their desire for profits before consumers safety by falsely suggesting that reports of peripheral neuropathy among users were rare and that the nerve problems resolve when the medications are no longer used. The new label warnings indicated that the problems could be permanent and urge doctors to consider switching patients to a different class of antibiotics if they experience symptoms of peripheral neuropathy.

The antibiotic lawsuits allege that the drug makers knew or should have known for years about the link between peripheral neuropathy and antibiotic use, with indications raised in a study published as early as 2001, which highlighted reports of 45 patients who suffered persistent peripheral nervous system damage. Plaintiffs maintain that if adequate warnings had been provided about the risk of permanent neuropathy problems, they may have avoided painful and debilitating injuries.