A man and his wife are suing the makers of Invokana, a popular drug used to treat type-2 diabetes, after the man suffered severe and permanent personal injuries following ingestion of the drug.

Plaintiff Anthony L. and his wife Misty L. brought this lawsuit against Janssen Pharmaceuticals and parent company Johnson & Johnson. Anthony began taking Invokana in October 2014 and continued to use the drug to treat his type 2 diabetes until approximately April 2015.

The complaint alleges that Anthony developed ketoacidosis from Invokana as well as kidney failure. These conditions have caused him permanent damage, according to the Invokana lawsuit.

Invokana is one of the top selling drugs for Janssen and Johnson & Johnson, with the drug earning $278 million in the first quarter of 2015 alone, just two years after it was approved by the FDA. Invokana belongs to a class of drugs known as gliflozins or sodium-close transporter 2 (SGLT2) inhibitors. These drugs inhibit the reuptake of glucose by the kidneys which allows the overall blood glucose levels to be lowered.

The blood glucose that is not reabsorbed is excreted through the kidneys. This presents a concern because patients with type-2 diabetes are already at risk for kidney disease, the lawsuit states.

“Despite Defendants’ knowledge of the increased risk of severe injury among INVOKANA users, Defendants did not warn patients but instead continued to defend INVOKANA, mislead physicians and the public, and minimize unfavorable findings,” the claim states.

Patients experiencing ketoacidosis from Invokana have a condition where excess ketones build up in the blood, causing the blood to become overly acidic which can lead to serious complications including electrolyte loss, dehydration, changes in mental status, brain swelling, coma, and in severe cases, death. In addition to kidney failure and ketoacidosis from Invokana that Anthony experienced, other complications reported by Invokana users include amputation, stroke and heart attack.

The Invokana lawsuit goes on to state that Anthony’s injuries were “preventable and resulted directly from Defendants’ failure and refusal to conduct proper safety studies, failure to properly assess and publicize alarming safety signals, suppression of information revealing serious and life-threatening risks, willful and wanton failure to provide adequate instructions, and willful misrepresentations concerning the nature and safety of INVOKANA.”

As a result, the complaint alleges, Anthony’s development of kidney failure and ketoacidosis from Invokana led him to develop severe and permanent physical and emotional injuries and has caused him to endure pain and suffering, emotional distress, loss of enjoyment of life and economic loss.

The plaintiffs have raised a number of allegations against the defendants including products liability act for manufacturing defect, defective design and failure to warn, breach of express warranty, breach of warranty of fitness for ordinary use, negligence, breach of implied warranty, fraudulent misrepresentation, negligent misrepresentation, fraudulent concealment, fraud and punitive damages allegations.

Misty has raised an allegation of loss of consortium that has led to “mental anguish and the loss of her husband’s support, services, society, companionship, comfort, affection, love, and solace.”

Anthony and Misty are seeking compensatory damages, medical expenses and other economic damages, damages for pain and suffering, non-economic damages for an increased risk of future complications, punitive damages, prejudgment interest, attorneys’ fees and any additional relief deemed necessary, just and proper by the Court.

The Kidney Failure and Ketoacidosis from Invokana Lawsuit is Case No. 3:17-cv-05160 in the U.S. District Court for the District of New Jersey.