Plaintiffs in a group of Invokana diabetes drug lawsuits have asked a federal panel to consolidate their claims into a single multidistrict litigation (MDL).

Patients alleging the Janssen Pharmaceuticals drug caused excessive kidney problems filed a motion with the federal Judicial Panel on Multidistrict Litigation, asking the panel to transfer 56 pending Invokana cases to a federal court in New Jersey to coordinate pretrial procedures.

The Invokana diabetes drug lawsuits in question share many common issues, the plaintiffs say.

They arise out of the same similar alleged facts and the same alleged conduct by the defendants, so they will generally involve the same body of evidence to be produced through discovery and depositions, according to attorneys representing some of the plaintiffs.

The claims are also expected to raise the same or similar legal issues.

Currently the pending cases are spread out among 11 different federal district courts across the country. The plaintiffs argue that consolidation into a multidistrict litigation, or MDL, would promote more efficient pretrial procedures and more consistent judicial rulings on pretrial matters.

Plaintiffs requested consolidation in New Jersey since it’s the home state of defendants Janssen Pharmaceuticals and its parent company Johnson & Johnson.

Their attorneys have asked that the proposed MDL be overseen by U.S. District Judge Brian Martinotti, who attorneys say has extensive complex litigation experience.

Litigation Over Invokana Diabetes Drug May Grow

Invokana is a relatively new treatment for type-2 diabetes. It’s designed to help keep blood sugar levels under control by stimulating the kidneys to transfer glucose to the urine rather than letting it reabsorb into the blood.

Generally, the plaintiffs in these Invokana diabetes drug lawsuits allege that defendants Janssen and J&J knew that Invokana created significant risks of kidney damage and diabetic ketoacidosis, yet failed to properly warn patients and doctors about those risks.

They allege that in spite of the defendants’ knowledge of the risks, they continued to promote Invokana, mislead physicians and the public, and downplay unfavorable findings.

An FDA communication issued in June 2016 addressed the risk of kidney damage associated with Invokana, strengthening the warning label for that drug and other diabetes drugs in its class, known as SGLT2 inhibitors.  The new warning puts more emphasis on the risk of kidney injury associated with these drugs.

The FDA said that from its initial approval of Invokana in March 2013 through Oct. 2015, it received over 100 reports of confirmable kidney injury in patients taking either Invokana or another SGLT2 inhibitor. Some of those patients’ conditions were severe enough to require hospitalization or kidney dialysis.

This most recent label change followed an earlier FDA warning about the risk of ketoacidosis and severe urinary tract infections associated with Invokana.

In addition to the 56 claims that may be joined in the federal MDL, other Invokana diabetes drug lawsuits are pending in state courts. Over 150 such claims were reported pending in the state courts of Missouri and Illinois in July 2016, and dozens more cases have been filed in Pennsylvania.

As the number of these Invokana claims increases, state courts may choose to consolidate them in way similar to the federal MDL.