Philadelphia, PAA series of complex legal arguments and maneuvering with regard to jurisdictional issues may have served to briefly divert attention away from Invokana adverse events. However, plaintiffs are nonetheless steeled in their resolve to pursue compensation amidst allegations over Invokana linked with cardiovascular injuries and kidney failure.
According to various court documents the thrust of the legal maneuvering remains whether or not a basket of Invokana lawsuits belong in state court, or federal court. Late last month a federal judge in Pennsylvania ruled that, indeed 106 Invokana adverse events lawsuits will remain in federal court in Philadelphia. US District Judge Mitchell Goldberg, on February 22, ruled that he will also retain jurisdiction in the matter.
Invokana (canagliflozin) was granted approvals from the US Food and Drug Administration (FDA) for the treatment of Type 2 diabetes in 2013. Plaintiffs, however allege that Invokana side effects include diabetic ketoacidosis, a potentially serious condition in which the body produces an overabundance of blood acids.
Central to the issue discussed in February is an Invokana canagliflozin lawsuit filed by a man from Texas who sought damages over injuries to his kidneys. The plaintiff, Matthew Landes, originally filed his lawsuit in state court in Philadelphia. The defendant, Janssen Pharmaceuticals Inc. (Janssen) – a unit of Johnson & Johnson – attempted to have the case dismissed from Philadelphia jurisdiction, for re-filing in Texas. That motion was denied.
Janssen then tried to have a collection of cases moved to New Jersey, where existing Invokana side effects cases were already in residence. At the time of that request, there were 53 cases consolidated in New Jersey, where Janssen calls home. Plaintiffs had problems with that, too.
In the end, Judge Goldberg shot down any arguments made by the plaintiffs with regard to issues of timeliness and deadlines for filing notices of removal on the part of the defendant, and ruled that the Landes case as well as 105 other cases will remain in Federal court in Philadelphia. In so doing, the defendant’s petition was also defeated. Goldberg will not grant a remand to state court in Philadelphia, and will retain jurisdiction.
“I conclude that defendants properly and timely invoked CAFA’s mass action provision when they removed the 106 actions to federal court,” the judge said. “Consequently, plaintiff’s motion to remand will be denied.”
While its efforts to have cases joined to existing cases in New Jersey were denied, Janssen said it was nonetheless pleased the cases will remain in federal court, and re-iterated its confidence in the safety profile of Invokana.
The Invokana Linked with Cardiovascular Injuries and Kidney Failure lawsuit is Landes v. Janssen Pharmaceuticals Inc., Case No. 2:16-cv-05999, in the US District Court for the Eastern District of Pennsylvania.
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