Invokana Litigation Alleging Kidney and Ketoacidosis Injuries Could Become an MDL (Multidistrict Litigation)

Categories: Medical Drug Safety

Last week, a motion was filed requesting multidistrict litigation (MDL) for lawsuits of individuals with kidney damage or diabetic ketoacidosis from taking the prescription, Invokana. Invokana (canagliflozin) is an oral prescription used to help lower blood glucose in patients with type 2 diabetes. Multidistrict litigation is a special procedure in which federal civil (noncriminal) cases from around the country are transferred to one court. (For an overview of the MDL process, click here.) The motion specifically asks that the litigation be transferred to the U.S. District Court for the District of New Jersey (Trenton Division) before Judge Brian R. Martinotti. (In Re: Invokana [Canagliflozin] Products Liability Litigation, MDL Docket No. n/a, JPMDL).

According to the motion, there are at least fifty-six (56) actions pending in eleven (11) different judicial districts, including District of New Jersey; California, Eastern District; Illinois, Southern District; Illinois, Northern District; Georgia, Northern District; Kentucky, Western District; Louisiana, Eastern District; Louisiana, Middle District; Louisiana, Western District; District of Minnesota; New York, Eastern District.  It is further anticipated that additional actions will be filed throughout the country.

Invokana was the first SGLT2 inhibitor approved for use by the FDA in March 2013. SGLT2 inhibitors, including Invokana, are designed to inhibit renal glucose reabsorption with the goal of lowering blood glucose. As a result, the lawsuits allege that excess glucose is not metabolized, but instead is excreted through the kidneys of a population of consumers already at risk for kidney disease. Indeed, since Invokana’s release, the FDA has received a significant number of reports of severe kidney damage among users of Invokana. As a result of the reports, in June 2016, the U.S. Food and Drug Administration (FDA) strengthened the warnings about the risk of acute kidney injury for the type 2 diabetes medicines canagliflozin (Invokana, Invokamet) and dapagliflozin (Farxiga, Xigduo XR) and added recommendations to minimize this risk.

Unfortunately, for many this warning comes too late.  Individuals suffering kidney damage and diabetic ketoacidosis allege that the manufacturers knew of the increased risk of severe injury among Invokana users, including kidney damage, but did not timely warn patients and instead continued to defend Invokana, mislead physicians and the public, and minimize unfavorable findings.

For more information about the Invokana lawsuits or to discuss a potential claim, contact experienced Pharmaceutical/ Medical Device Litigation Attorney Pamela A. Borgess of Borgess Law, LLC at (567) 455-5955 or toll-free at (844) LAW-9144. You can also contact Borgess Law, LLC by submitting a free online inquiry.