Janssen Pharmaceuticals has issued a response to a lawsuit filed by a Pennsylvania woman who developed severe side effects of Invokana.
The initial lawsuit was filed by Plaintiff Sally S., who alleged that she was prescribed Invokana to treat her type-2 diabetes.
She alleges that she experienced both renal failure and ketoacidosis following her use of Invokana.
Sally raised ten claims against the drug manufacturer including design defect, inappropriate labeling of Invokana, breaches of express and implied warranties, violation of consumer protection laws and more.
In response to Sally’s lawsuit detailing the side effects of Invokana that led her to file the product liability action, Janssen submitted a “Defendants’ Preliminary Objections to Plaintiff’s Complaint” to the court.
Janssen Pharmaceuticals states three main objections against Sally’s lawsuit. The drug company says that the Court does not have personal jurisdiction over Johnson & Johnson and Ortho, two companies also named in the lawsuit, since these companies do not have a personal link to the state of Pennsylvania.
The second objection states that the Court should dismiss Sally’s claims of design defect because such claims are preempted by federal law.
The third objection states that Sally’s claims for breach of express warranty breach of implied warranty in violation of consumer protection laws should be dismissed “because they are not actionable under Tennessee or Pennsylvania law.”
The final objection states that Sally has failed to allege any of her claims against Janssen and the related pharmaceutical companies with particularity. The Defendants state that Sally “has failed to plead essential facts to support her claims.”
Janssen and the other Defendants also filed a brief in support of Defendants’ preliminary objections to Plaintiff’s complaint along with the summary of objections.
This document provided further details supporting the Defendant’s stance that Sally’s claims should be considered not appropriate for further litigation.
Lawsuits Detail Side Effects of Invokana
Lawsuits like Sally’s commonly allege that Janssen Pharmaceuticals, parent company Johnson & Johnson and related companies were directly responsible for the side effects suffered by plaintiffs who took these medications.
Specifically, Invokana lawsuits state that patients taking the drug often developed kidney failure or ketoacidosis as a result of using the medication to treat their type-2 diabetes.
Invokana is a drug that acts directly on the kidneys and inhibits renal glucose absorption, causing the body to excrete additional glucose via the urine. It is theorized that because the medication affects the kidneys directly, the kidneys may be damaged and enter kidney failure.
Ketoacidosis is typically a condition that is only seen in patients with type-1 diabetes. However, patients taking Invokana have also reported that they have developed this condition.
Ketoacidosis occurs when the body has a buildup of acids in the blood. This is a very serious condition that can cause damage or even death.
Product liability lawsuits typically allege that the manufacturers did not do enough to properly warn patients or physicians of the very severe side effects of Invokana that can occur with its use.
They also typically state that they would have not taken the medication had they known that such severe side effects were possible with its use.
The Invokana Lawsuit is Case No. 160502030, in the Court of Common Pleas, Philadelphia County.
In general, Invokana lawsuits are filed individually by each plaintiff and are not class actions.
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