Numerous claims have been filed against Johnson & Johnson and Janssen Pharmaceuticals, the manufacturers of diabetes medication Invokana. These claims allege that the manufacturers did not adequately warn doctors and their patients of the drug’s potential side effects, which include an increased risk of kidney failure, foot and leg amputations, and ketoacidosis.
Like manufacturers of other consumer products, drug manufacturers have the responsibility to ensure that their products are safe for consumers to use before releasing them to the market. When a product cannot be released without some potential for side effects, manufacturers must clearly warn patients and the physicians who prescribe their products about these side effects so they can make informed decisions about using the drugs. A patient who is harmed because of a manufacturer’s failure to disclose a drug’s side effects can seek compensation for his or her related damages through a defective drug claim.
Allegations of Failure to Warn Doctors and Patients of Potential Side Effects
In the legal world, reasonability is closely tied to negligence. Manufacturers have the responsibility to ensure that their products are reasonably safe for consumers, and the parties who disburse these products to the public, who could be retailers, vendors, or in this case, doctors, have the duty to be reasonably certain that they are not distributing a dangerous product. When a product’s potential for harm outweighs its potential for benefit, it is an unreasonably dangerous product.
According to the cases filed against Invokana’s manufacturers, the drug is unreasonably dangerous. Allegedly, the manufacturers were negligent because of their following actions:
- Failing to properly test the drug;
- Not warning physicians and pharmacists of its potential side effects; and
- Deliberately concealing these side effects from the government and the public through misrepresentations of the drug in marketing materials.
Are You Entitled to Recover Compensation Through an Invokana Claim?
If you suffered from one of the following conditions after taking Invokana, you could be entitled to compensation for your injuries. Talk to your doctor about the symptoms you experience and an experienced defective drug lawyer about your rights and options for seeking compensation.
- Ketoacidosis. When the body does not have enough insulin to use for energy, it can break down fat for energy. This can lead to a buildup of ketones, a toxic acid, in the bloodstream. A high level of ketones in the blood can put the patient at risk of diabetic coma or death;
- Kidney failure;
- Heart attack; and
- The need to amputate a leg or foot.
Work with an Experienced Fox River Grove Dangerous Drug Attorney
Drugs like Invokana can have serious side effects that can put you into a worse health condition than the one you faced before taking the drug. If you have suffered financial damages because of an experience with a defective drug, contact our team of defective drug attorneys at Newland & Newland, LLP today to schedule your initial consultation with us. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.
(image courtesy of Alejandro Escamilla)