Antibiotic Peripheral Neuropathy Lawsuits Will Not Be Designated as Mass Tort in Philly

A Pennsylvania judge has rejected a recent request to establish centralized “mass tort” proceedings for all antibiotic peripheral neuropathy lawsuits pending in the state’s court system.

There currently dozens of Levaquin lawsuits, Cipro lawsuits and Avelox lawsuits pending in Pennsylvania state court, each involving similar allegations that the makers of the popular antibiotics failed to adequately warn about the risk of long-term nerve damage.

In December, a group of 32 plaintiffs filed a petition to establish a mass tort for the cases, asking that the litigation be centralized before one judge in Philadelphia for coordinated pretrial proceedings. However, the request has been rejected, meaning that the cases will proceed without formal coordination.

Centralized pretrial proceedings have been established for all Levaquin, Cipro and Avelox peripheral neuropathy cases pending in the federal court system, where complaints filed nationwide have been centralized since August before U.S. District Judge John R. Tunheim in the District of Minnesota, as part of a federal Multi-District Litigation, or MDL.

There are currently at least 350 complaints pending before Judge Tunheim in the federal MDL, and it is ultimately expected that there may be thousands of cases brought in the federal court system as antibiotic peripheral neuropathy lawyers continue to review and file complaints for former users of Levaquin, Cipro and Avelox.

Bayer Healthcare and Johnson & Johnson opposed similar consolidation at the state level, citing differences between the medications and warning labels as reasons the cases should not be grouped together.

In a one-paragraph decision, Administrative Judge Jacqueline F. Allen agreed with the drug makers and rejected the request to establish an antibiotic perhiperal neuropathy mass tort that would include all of the different fluoroquinolone-based drugs.

About Antibiotic Peripheral Neuropathy Risks

The Levaquin, Cipro and Avelox mass tort litigation has emerged since the FDA required new warnings for all fluoroquinolone-based antibiotics in August 2013.

While prior warnings provided with the drugs indicated that some users experienced nerve damage, the manufacturers have suggested that the problems were rare and often resolved when the antibiotic was no longer used.

After reviewing adverse event reports and available data, the FDA required the makers of all fluoroquinolones to provide information about the long-term risk of peripheral neuropathy 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.

Plaintiffs allege that the makers of Levaquin, Avelox and Cipro should have provided these warnings years ago, noting that the first indication of a possible link between long-term peripheral neuropathy and fluoroquinolone antibiotics came in a study published in 2001.

If adequate warnings had been provided about the risk of permanent neuropathy problems, plaintiffs indicate that they may have avoided painful and debilitating injuries.