$1.1 Million Personal Injury Award From Levaquin Use

As reported in Bloomberg, Johnson and Johnson (J&J) has been ordered to pay a sum of $1.1 million for punitive damages, and $700,000 for compensatory damages, to man that took the company's antibiotic, Levaquin, without being warned of the possible damage the drug had on tendons.

The New Jersey based company, J&J, and its Ortho-McNeil-Janssen Pharmaceutical unit, are accused of failing to warn doctors and patients of their knowledge of the drug's association with
tendon damage.

A federal court in Minneapolis, Minnesota, heard testimony from John Schedin, 82, alleging that both of his Achilles tendons ruptured after taking Levaquin. 

There are more than 2,600 claims pending in U.S. courts alleging not only the damage caused by Levaquin, but also, that J&J failed to disclose the risk.  As this case awarded punitive damages, J&J may find itself much more liable for it's disregard to the public's health.

After the trial a juror from Rochester, Minnesota, Zach Rawson, commented, "We talked a lot about the responsibility the company had to the general public, as far as safety goes.  We felt that they didn't warn adequately, that they didn't use enough means of warning the public, especially the doctors."

Michael Heinley, a spokesman for Ortho-McNeil-Janssen, responded to the verdict via e-mail, "The verdict and the amount of the compensatory and punitive damages are at odds with the evidence presented at trial. We believe Ortho-McNeil-Janssen Pharmaceuticals Inc. properly informed of the benefits and risks associated with the use of Levaquin, and that the company acted responsibly."

Finding Schedin 10 percent responsible for his injury, the jury reduced the award to $630,000.  The jurors also didn't accept Schedin's claim naming Ortho-McNeil-Janssen for misrepresentation or concealment of facts relating to Levaquin.

Mikal Watts, attorney for Schedin, said, "We're thrilled with the outcome and feel the jury followed the evidence and came to the right decision.  They sent a clear message: Pharmaceutical companies should put their patients ahead of their profits."

The U.S. Food and Drug Administration ordered J&J, and all drug manufacturers making antibiotics in the class called "fluoroquinolones", to include warnings about the risk of tendon ruptures.

The FDA also wanted label warnings on Levaquin for those with higher risks: Patients over 60, patients taking steroids and patients that had either kidney, heart or lung transplants.

In his closing argument Watt said, "They obfuscated and manipulated the truth for profit.  It was a one-drug franchise that was crucial to the health of this company."

Both J&J and Ortho-McNeil-Janssen contend that they didn't fail to inform, and, that they didn't agree that Schedin's injury could be linked to Levaquin.  In his closing argument, John Dames, attorney for J&J said, "There is no proof that Levaquin caused Mr. Schedin's tendon rupture."

During the punitive phase of the trial, another J&J attorney, Tracy Van Steenburgh said, "The company acted in a way that was not deliberate disregard, this case is about whether this company provided enough information."

Watts stated that prior to the 2008 label change, Ortho-McNeil-Janssen didn't send  letters to doctors regarding the warnings in prescribing Levaquin.

Schedin was given Levaquin, along with a steroid, when he had an upper respiratory infection in 2005.  His lawyers said in their filing, "Prior to his Levaquin-induced bilateral Achilles tendon rupture, he was vigorous and active for his age, he has never fully recovered and is now severely restricted in his activities."

Schedin's doctors weren't informed about the risks involving Levaquin use.

If you have a personal injury stemming from a prescribed drug, click here to contact a personal injury lawyer from our directory to help you with your case.