The popular medication fluoroquinolone has been at the center of tort lawsuits lately. This antibiotic is widely sold, treating common illnesses such as respiratory and urinary tract infections. The cases against the drug manufacturers of fluoroquinolone range from simple negligence to fraud.
The principle ailment cited in cases against the pharmaceuticals offering fluoroquinolones is peripheral neuropathy. However, many other medical issues have also been reported. Now Johnson & Johnson, Bayer, and other big pharma companies can expect continued litigation stemming from these complications.
One example of the harm caused by fluoroquinolone involves a woman named Adrienne Myers. She alleges that she experienced immediate signs of blurred vision and leg pain after taking the antibiotic Levaquin (a name brand medication containing fluoroquinolone) for a seemingly routine sinus infection. She now attends grueling therapy a few times a week in order to maintain strength in her legs. Peripheral neuropathy can cause serious nerve damage like it did in Ms. Myers. Ms. Myers reported a sensation of burning and shooting pains throughout her legs.
The FDA decided that due to the rapid onset and permanence of side effects caused by fluoroquinolones, a stronger labeling requirement would justified. But many drug manufacturers have failed to abide by this order. The most troubling thing about claims against this antibiotic is that many people believe that big pharmaceutical companies knew about the defects of fluoroquinolone as early as 1996.
In light of the recent uptick in scandals associated with big business, government agencies have been scrambling to legitimize their regulatory power. This could be another major regulatory conundrum for the U.S. government to resolve. Especially given the landscape of corporate governance lately. Consequently, the penalties may be more severe than usual.
Multidistrict litigation, class action, and individual lawsuits are being used by different tort plaintiffs throughout the country seeking to recover against the makers of fluoroquinolones. Generally, courts will select among the different procedural tools available by assessing the claim injury and possible resolutions among the different parties. The most individualized method of course being individual lawsuit.
The element of fraud raised in these cases may warrant punitive damage awards. Mark Girard, a pharmaceutical reform activist condemned the alleged wrongdoings as a “heinous crime beyond imagination.”. Allegedly, some users of the medication have actually died after taking this drug.
It is important to see what these cases reveal about the companies involved: Johnson & Johnson, Janssen Pharmaceuticals, Bayer Healthcare and Merck & Co., among others.
For the time being, plaintiffs attorneys seeking to vindicate the rights of their clients should keep an eye to lawsuits related to the use of Levaquin (levofloxacin); Cipro (ciprofloxacin); Avelox (moxifloxacin); Noroxin (norfloxacin); Floxin (ofloxacin); and Factive (gemifloxacin).
