Wednesday, July 27, 2011

Patients Question Levaquin Lawsuit Eligibility

With more than 2,500 Levaquin lawsuits in various stages of the litigation process in courts across the country, and around 1,000 of those lawsuits centralized in multidistrict litigation in Minnesota, the media attention suddenly surrounding the antibiotic has led many patients to question whether or not they could potentially have a Levaquin case.

It is likely that these cases could net plaintiffs substantial amounts in damages that can help pay for costs like medical bills and lost wages associated with side effects a patient has suffered, so it is no wonder many former patients of the drug are interested in becoming plaintiffs in Levaquin litigation.

When a potential plaintiff contacts a Levaquin lawyer, there are several things the lawyer needs to know. The severity of a patient’s injury and the awareness of the patient to the potential side effects of Levaquin, which include tendon rupture and rotator cuff tearing, are important to a case. Patients whose injuries are less severe or who were warned of the side effects associated with the drug before taking it have a weaker case than more severely injured patients or ones who were not warned.

Patients who began taking the drug prior to 2008 may have a better case than others, because in 2008 the Food and Drug Administration ordered drugmaker Johnson & Johnson to place a warning on Levaquin packaging that would inform the consumer of the side effects linked to the antibiotic. Prior to this, the only warnings of side effects were buried in a two-foot-long booklet that came packaged with the medication. The Food and Drug Administration’s mandate made it clear that these Levaquin side effects were seriously impacting patients and more precautions had to be taken.

However, if a patient began taking the drug after this mandate took effect, his or her chances of receiving substantial damages from Johnson & Johnson are minimal, because it is assumed that the patient was properly warned of the side effects and chose to take the medication anyway, thus effectively forfeiting his or her chances of complaining later.

Any Levaquin patient who wishes to join Levaquin litigation should speak to an experienced Levaquin lawyer to discuss the circumstances surrounding his or her particular case.

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