First Levaquin Tendon Rupture Lawsuit Ends in $1.8M Verdict
A Minnesota jury has awarded $1.8 million in the first bellwether Levaquin lawsuit, including $1.1 million in punitive damages against Johnson & Johnson and a subsidiary for recklessly failing to warn consumers and doctors of about the risk of tendon ruptures from Levaquin.
The verdict was handed down on December 8, in the U.S. District Court for the District of Minnesota, in a case brought by 82-year-old John Schedin, who suffered an Achilles tendon rupture after taking Levaquin. The case was the first out of about 2,600 lawsuits over Levaquin to reach a jury.
Levaquin (levofloxacin) is an antibiotic manufactured by the Johnson & Johnson’s subsidiary Ortho-McNeil-Janssen Pharmaceuticals. It was approved by the FDA in 1996 to prevent infection by stopping the reproduction of bacteria. However, it has been linked to an increased risk of tendon damage and tendon ruptures, particularly involving the Achilles tendon.
Did You Know?
Millions of Philips CPAP Machines Recalled
Philips DreamStation, CPAP and BiPAP machines sold in recent years may pose a risk of cancer, lung damage and other injuries.
Learn MoreAll federal Levaquin tendon rupture lawsuits have been consolidated and centralized in Minnesota as part of an MDL, or multidistrict litigation, under U.S. District Judge John R. Tunheim. The claims all involve similar allegations, that plaintiffs suffered serious tendon ruptures as a result of the drug makers’ failure to provide adequate warnings about the possible Levaquin side effects. However, the findings of the jury in this first case is not binding in other lawsuits.
Shedin’s lawsuit is one of six Levaquin cases that were selected for early trials in the MDL, known as bellwether lawsuits. The trials are designed to help the parties gauge how juries will respond to similar evidence that will be presented in other cases and to promote the possibility of a Levaquin settlement agreement between the parties.
According to allegations raised at trial, Schedin was given Levaquin in 2005, at age 76, while suffering a respiratory infection. At that time, there was only one line in the medication guide mentioning a risk of tendon rupture. However, evidence suggested that the drug makers knew or should have known that the warning was inadequate.
The jury awarded Schedin $700,000 in compensatory damages, and then leveled a $1.1 million punitive damages penalty against Johnson & Johnson, saying that the company had acted with reckless disregard and failed to properly warn doctors and patients of potential Levaquin health risks. The jury rejected an argument that Johnson & Johnson violated consumer fraud laws by concealing information.
The compensatory damages will be reduced to $630,000, as the jury found that Schedin was 10 percent liable for his own injuries. Johnson & Johnson officials have said that they will appeal the verdict.
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.
The next Levaquin bellwether case will be selected for trial at a status conference next month. In addition, the number of new cases included in the MDL may continue to increase in the coming months, as Levaquin lawyers are continuing to review potential cases for individuals whose claims have not been barred by the applicable statute of limitations in their state.
Get more articles like this sent directly to your inbox.
"*" indicates required fields
9 Comments
PatrickJune 23, 2011 at 5:43 am
Yes I too feel y'all pain This drug made me cry like a baby when I Was taking it. Made me suicidal and gave me major tendon problems. I can't sit down without my ass hurting. Same thing with using the toilet. I read the tendiniits warning but i was so desperate to beat this klebseila throat infection I took the levaquin despite my fears about the tendonitis.my life is over at 44. I think I wil[Show More]Yes I too feel y'all pain This drug made me cry like a baby when I Was taking it. Made me suicidal and gave me major tendon problems. I can't sit down without my ass hurting. Same thing with using the toilet. I read the tendiniits warning but i was so desperate to beat this klebseila throat infection I took the levaquin despite my fears about the tendonitis.my life is over at 44. I think I will do some suicide or assisted suicide in Switzerland This is so depressing Let's go on the Jon stossel show I should have just accepted
ElizabethFebruary 22, 2011 at 2:33 pm
OMG!! I found this website after looking for reaitions to another medication (Lantus-which I just stopped taking because of bad side effects) How many of you have asked yourself: "how can this be? I am only ( insert your age here) and feel like an 80 year woman/man? I too have taken Levaquin for various sinus infections and also oflaxin for sepsis( hospitalized)... I don't think it's a coincid[Show More]OMG!! I found this website after looking for reaitions to another medication (Lantus-which I just stopped taking because of bad side effects) How many of you have asked yourself: "how can this be? I am only ( insert your age here) and feel like an 80 year woman/man? I too have taken Levaquin for various sinus infections and also oflaxin for sepsis( hospitalized)... I don't think it's a coincidence that I did tear my achilles tendon, had tendon issue in my knee, have had one rotator cuff surgery with another one pending ( not sure I want to have it done)...... Sometimes I say to myself... I cannot believe that this is my life... I am 45. In addition I have had three surgeries involving five procedures in my hands wrists and am now disabled. I cannot believe this.... I really can't. I had NO idea of the tendon issue..not one iota. Both drugs made me nauseous... and the last time Levaquin was prescribed to me my insurance company wouldn't pay for it (now I know why) after previiously allowing it I am stunned and very upset...... I was very athletic growing up ( with no issues ) and used to walk at least two miles every day.... that doesn't happen anymore. To all here... I feel your pain..... literally. I'm really pissed off... to say the least,
dowJanuary 29, 2011 at 2:47 pm
I started taking Levaquin on 12/30/2010, prescribed for severe bronchitis and stuffy sinuese. After 3-days the bronchtis was considerably lessened. The nasual congestion got a litte better, but there was intense blocking in my left ear impacting my HEARING which I attributed to congestion. I notidied my doctor and he prescribed a spray, Fluticasone Propionate. Upon using the spray the nasual [Show More]I started taking Levaquin on 12/30/2010, prescribed for severe bronchitis and stuffy sinuese. After 3-days the bronchtis was considerably lessened. The nasual congestion got a litte better, but there was intense blocking in my left ear impacting my HEARING which I attributed to congestion. I notidied my doctor and he prescribed a spray, Fluticasone Propionate. Upon using the spray the nasual congestion has dissappeared but my ability to HEAR remains diminished. I told my doctor and was refered to an Ear-Nose-Throat specialist who is concerned about "nerve damage." Next week I will be MRI scanned to determine the culprit of the HEARING LOSS. When I mentioned Levaquin as a possible catalysist, she responded that it has not been associated with hearing loss, but did mention tendon problems as heavily sourced on this website. My research via the web indicates that Leviquin (Levofloxacin) are proofen to be ototoxicity causing HEARING LOSS and tinnitus. I found this out by grouping the words Leviquin and hearing loss. When I researched Leviquin before I taking the first dose on 12/30/2010, I was informed of tendon problems along with a host of other problems, but the official Leviquin website made/makes no mention of HEARING LOSS. Right now, all I can do is wait for the MRI results
JacquelinJanuary 18, 2011 at 6:04 pm
OMG...J. Bauer, your story almost identical to mine!! NO doc will listen to me : ( even AFTER I show them what I printed out form the FDA! Last trip to ER was told go to a rheumatologist, but doc, I ALREADY have had the blood work and it has been determined I do NOT have arthritis! Was given steroids, which I TOLD him they say this INCREASES risk of tendon damage! He got angry when I told him! He[Show More]OMG...J. Bauer, your story almost identical to mine!! NO doc will listen to me : ( even AFTER I show them what I printed out form the FDA! Last trip to ER was told go to a rheumatologist, but doc, I ALREADY have had the blood work and it has been determined I do NOT have arthritis! Was given steroids, which I TOLD him they say this INCREASES risk of tendon damage! He got angry when I told him! He said pinched nerve, the worst pain right now is in my neck, shoulder and ankles. He took x-rays of neck, guess what...no pinched nerve found. My life has been severely compromised...I cannot do ANYTHING I used to...my ankles burn and hurt and are so weak. No more roller skating, no more working as a cosmetologist, no more dancing, it even hurts just to walk!!! Even had to stop driving my stick shift and get an automatic transmission car! At times I have to be helped to bed! Sometimes I cannot even lift my arm. Family doc who prescribed this without telling me a THING about side effects, put me on ADDEROL!!! Just so I can get through every day...yep prescription speed. I called him couple weeks ago asked for an antibiotic, what does he call in? LEVAQUIN! NO I did not take but did take AVELOX!! Thats what he called in instead when I told them I am not taking Levaquin! They (nurse and pharmacist tech) told me it was NOT the same as Levaquin!!! The pain has gotten worse after 2 pills, so I stopped taking them! All I see everywhere is if you have these symptoms report them to your doctor, well I HAVE! for a year now over and over and over....trips back to him and to the ER, complaining of basically the same symptoms....I feel so hopeless...I cry every day.
J.BauerJanuary 8, 2011 at 5:21 pm
I was injured in Dec. 2005. Same story. I had had a flu and my electrolytes were out of balance and I fainted and knock myself out and crushed my face. Sent by ambulance to local ER. I was there for 2 and 1/2 hours and then discharged me against my extremely traumatized feeling wishes and my broken, 90% degree turned nose septum and swollen, bloody mouth pleas not to be. Given two Levaquin [Show More]I was injured in Dec. 2005. Same story. I had had a flu and my electrolytes were out of balance and I fainted and knock myself out and crushed my face. Sent by ambulance to local ER. I was there for 2 and 1/2 hours and then discharged me against my extremely traumatized feeling wishes and my broken, 90% degree turned nose septum and swollen, bloody mouth pleas not to be. Given two Levaquin tablets ( didn't even know what these were ) and wheeled out to my wife's car. 3 minutes into the ride home I fainted AGAIN! My frantic wife raced me back to this same ER. They said I had a vagal response. I was put in a recovery room and left there until the next morning where I was given two more Levaquin tablets. That's 4 in 12 hours! Again discharged against my wishes in mid-afternoon. At home that evening in bed...my arms started feeling like they were being ripped out of their sockets - shoulders burning, arms and hands burning then instantly ice cold and numb!? Crazy and powerful electric zap type feelings shooting through my body and head. Jolting my whole body. Prickly feelings in and out. Bladder acting crazy. Tremendous urge then nothing? GI tract went bananas. Felt like I had drank bleach! So exhausted and tired but could not sleep, yet would have these mini-nightmares of things so horrible almost beyond description. So weak, terrified. Hard to breath. Couldn't lift arms. Whole thing terrifying. Next morning GOT WEAKER! Raced to ER again and said I felt like I was dying and mentioned shoulder and arm pain. ER did basic urine, heart, blood and temp tests and concluded I was simply suffering anxiety! Loaded me up with atavan and sent me back home! The nightmare just got worse! Raced back to this ER times ( only one for 35 miles) several more times and soon I was being referred to the psyche ward after desperately pleading that I was so weak and my GI tract was in such pain I would go into shock when eating. "Sorry, nothing wrong with you. You need a psychiatrist." Wouldn't even consider my questions about Levaquin as this was the only medicine I was taking. Later tested and diagnosed with tendinitis, torn right rotator cuff, small intestinal ulceration ( lost 40 lbs in 2 and 1/2 months because the pain stopped me from eating ) ,brady cardia, bronchial asthma ( first time for all of these symptoms ) skin rashes-fungal, tinnitus, unbelievable anxiety and depression -post traumatic stress, nerve system damage..cold and heat were unbearable, vision changes, so so weak, off balance, on and on. But, new doctors would stop me from describing all these symptoms and even refuse to take me on as a patient when I sought out their care. They were practice doctors and when they saw my multiple symptom history and anxiety and psych notes in my hospital records ( never a psych visit in my previous 54 years as local resident here!) they would actually stop me and say they weren't the doctor for me. I was being ruined physically, socially, medical reputation wise and financially. Lost job and career. Finally got on SSDI almost 3 years later. Completely ruined now financially. Bankruptcy filed. 28 marriage threatened. Wife in therapy for depression now also due to the last 5 years of unbelievable stress and weight on her. Doctors wouldn't even allow me to bring up subject of whether Levaquin may have been a factor even though this all started within 24 hours of first 4 pills which were given to me in a 12 hour span by an ER doctor and staff. They would get angry if I kept asking them questions about Levaquin. Several said there was no way Levaquin could do this to me or anyone else. One doctor who said this angrily then asked me "how do you spell the drug name ?" before looking it up in his pharma guide! And Levaquin was "the only" drug I was taking and I hadn't taken any other drug for two years previous! I wish we could all be on Oprah to tell our stories.
ShamandaDecember 23, 2010 at 3:44 am
I have had the same problems also and I'm only 40 yrs Old and can't do any activity with my daughter who is 7 yrs old My shoulder,back and leg want let me and I been like this since 2004 I have taken LEVAQUIN for years call my doctor or pull my hospital records my shoulder will never be the same or my back.
JasonDecember 21, 2010 at 11:30 am
I am a Canadian Firefighter who has suffered major bodily damage from Levaquin antibiotics. I have had 2 Achilles ruptures as well as ruptures to tendons in my hand, elbow and shoulder. I continue to suffer with 24 hour / day extreme body pain in all of my joints and conective tissues for the past 4 years now with no end in sight. I live on constant medication to ease my pain (without much suc[Show More]I am a Canadian Firefighter who has suffered major bodily damage from Levaquin antibiotics. I have had 2 Achilles ruptures as well as ruptures to tendons in my hand, elbow and shoulder. I continue to suffer with 24 hour / day extreme body pain in all of my joints and conective tissues for the past 4 years now with no end in sight. I live on constant medication to ease my pain (without much success) and all of my activities that I used to enjoy are now just fond memories that I can no longer do. My life has been ruined while these drug companies continue to get richer with every pill that they poison the market with. I just turned 50 and there is little to look forward to in my life thanks to the greed and negligence of pharmaceutical companies and lobbyiests. Be aware and do not use Fluoroquinolones unless required (without other options) for life saving reasons.
JayDecember 19, 2010 at 6:24 am
After just one 750mg levaquin tablet, 3 days later I still have flashes of pain though feet knees,toes and hips. This stuff is an acute poison it must be banned.
BillDecember 9, 2010 at 7:02 pm
12-09-10 It would be nice if J&J would start working on a anti-serum to counter- act against the continuing affects of the drug. As yet there is no cure for the injuries sustained.