Levaquin Lawyers to Meet with Court to Discuss Status of Litigation, First Trial

A status conference is scheduled for today in the U.S. District Court for the District of Minnesota to discuss the status of the Levaquin litigation, involving lawsuits filed by users of the antibiotic who suffered severe tendon damage and other side effect of Levaquin. Lawyers will also review with the Court the schedule for the first Levaquin trial, which is expected to begin in about 60 days.

As of last month, there were 770 Levaquin lawsuits pending in federal court, which have been centralized for pretrial proceedings as part of a multidistrict litigation (MDL) before U.S. District Judge John R. Tunheim in Minnesota. Another 573 suits are pending in state courts, with 551 pending in New Jersey.

According to a proposed agenda for the Joint Conference scheduled for today, Levaquin lawyers will review with the Court the status of the litigation, outstanding motions, the proposed trial schedule for the first Levaquin trial and the scheduling of the second Levaquin bellwether trial.

During a status conference on August 3, it was suggested that the first lawsuit will go to trial in early November, with the trial expected to last approximately 12 days. The case, which involves a claim filed by John Schedin, is one of six Levaquin bellwether cases selected for early trials to to help the attorneys for both sides gauge how juries will respond to similar evidence and testimony that is likely to be introduced in other suits, potentially helping the parties eventually negotiate a Levaquin settlement agreement.

In New Jersey state court, the first trial is currently set to begin on April 4, 2011.

Levaquin (levofloxacin) is a popular antibiotic that was first approved by the FDA in December 1996. It is prescribed to prevent infection by stopping the reproduction of bacteria, but it has also been found to be toxic to tendons, causing an increased risk of tendon damage and possible tendon ruptures from Levaquin.

In July 2008, the FDA required that a “black box” warning be added about the side effects of Levaquin and other similar antibiotics, which is the strongest warning that can be placed on a prescription medication. However, consumer advocates called for Levaquin tendon rupture warnings to be added at least two years earlier, with Public Citizen filing a petition with the FDA in 2006 insisting that consumers and the medical community be provided with clearer warnings about the risk of tendon damage.