The most common Invokana lawsuit claims that Johnson & Johnson failed to warn patients of the increased risk of amputations and other serious complications associated with the drug. The lawsuits are filed on three grounds: failure to warn of dangerous complication risks, breach of warranty, and fraud. This article discusses each of these grounds in detail. Weighing the merits of each case, we recommend that you read this article carefully before deciding to file a lawsuit.
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Invokana lawsuits claim that Johnson & Johnson failed to warn patients of increased risks of amputations
Although the FDA has warned about the risk of ketoacidosis and urinary tract infections, Invokana is not yet recalled by the federal government, and it is still widely prescribed by doctors throughout the country. Because the drug is still relatively new, investigations into the health problems linked to it are in the early stages. These investigations often take years to complete.
As a result, a new group of plaintiffs in Invokana lawsuits is arguing that the drug manufacturer ignored the safety concerns raised by experts for years. Although the drug had only been on the market for one year at the time of the amputation reports, J&J executives failed to take action. They instead ignored warnings about the potential for ketoacidosis, or DKA.
Failure to warn patients of dangerous complication risks
A growing number of individuals are filing lawsuits against Janssen Pharmaceuticals over the dangerous side effects associated with the diabetes medication Invokana. These patients are alleging that the company failed to adequately warn them about the serious risks of the drug, which they claim caused their health problems. This lawsuit claims that the company was negligent, failed to perform adequate testing or both. If you or a loved one has suffered from the side effects of Invokana, you may be eligible for substantial compensation.
Invokana lawsuits are being filed against the drug manufacturer in the United States, claiming that the drug company failed to properly warn patients of the dangers of the medication. According to the lawsuits, the manufacturer intentionally concealed warnings about dangerous complications and risks to patients. Since such lawsuits are filed in a federal court, a federal judge is investigating each case to determine whether a product’s manufacturer is liable for causing a patient’s injury.
Breach of warranty
A breach of warranty lawsuit against Invokana involves the manufacturer’s failure to provide the correct dosage for patients. Specifically, the plaintiff alleges that the drug causes kidney damage. This is based on five different defects. Whether or not these defects are real is an open question. Here, we discuss some of the potential implications. Defendants can’t change the product’s label or composition without the FDA’s permission.
The plaintiff argues that the drug’s warnings were inadequate. Janssen Defendants respond by listing several paragraphs in the “Prescribing Information” that discuss the risks to kidney and renal function. However, these issues are not ripe for resolution at the pleading stage. Moreover, the defendants’ motion to dismiss is denied for lack of evidence because they raise questions of fact. Further, the Court must construe the facts in favor of the plaintiff.
Fraud
A fraud lawsuit against Invokana may sound like a good idea, but it is also a good idea to seek professional legal advice before bringing your case. A J&J lawyer can help you avoid common pitfalls and make sure your case is successful. It is important to remember that the pharmaceutical giant has massive legal resources, and can overwhelm a victim who tries to handle it on their own. The company will carefully scrutinize your paperwork, and any discrepancies will weaken your case.
The plaintiff’s claim centers on the fact that the defendants made false and misleading representations about Invokana, and failed to exercise reasonable care. Because of the false and misleading statements, Plaintiff was induced to purchase and use the product. She was therefore left with damages and injuries, which were not the intended results. It is not surprising that this product has been the target of a fraud lawsuit. However, the drug makers didn’t even bother to disclose all of this information.
Liability for a defective drug
The liability for a defective drug in an Invokana lawsuit can be based on several factors. The drug may be tainted during manufacturing or due to climate or other factors during shipping. It may also be a result of a manufacturer’s negligence or intentional misconduct. In either case, the patient can claim damages for their injuries. An Invokana lawsuit can be complicated by the statute of limitations.
The risk of developing ketoacidosis after taking Invokana is very real. Patients who have type 2 diabetes should have been warned of the potential side effects of the medication. Ketoacidosis can lead to coma and even death. Patients who were taking the drug without adequate warning should have been prescribed another drug if they had known they would develop the symptoms. The drug manufacturer may have had a duty to provide such warnings.