Levaquin Punitive Damages Sweeten Pot

Many Levaquin patients who have experienced rotator cuff tearing and Levaquin tendon rupture associated with the popular and common antibiotic are looking for compensation that will help them cover costs like medical bills, lost wages, and other monetary losses associated with the side effects they have suffered. However, some plaintiffs are unaware that when filing a Levaquin lawsuit, many claims involve another kind of compensation, called punitive damages.

            Punitive damages are costs charged to

the company, such as drugmaker Johnson & Johnson, if it is perceived that they have behaved inappropriately in committing the wrongdoing that warranted legal action. Such wrongdoings may include “bad faith”, fraud, malice, and recklessness. If the company is perceived to be guilty of any of these things, punitive damages may apply – and they could be significant.

            Two of three preliminary bellwether trials have already been decided, and the first one – that of plaintiff John Schedin, who experienced the rupture of his Achilles tendons after taking Levaquin – ended with the jury ruling in favor of the plaintiff. They awarded him with $630,000 in compensatory damages, which should cover his past and future medical bills as well as other financial burdens associated with the Levaquin side effects. However, the jury also awarded him $1.1 million in punitive damages – obviously an even more significant sum.

            Although the second bellwether trial, involving the case filed by plaintiff Calvin Christensen, was not as successful – in fact, the jury ruled in favor of the defendants, Johnson & Johnson – the outcome of the third trial may be significant in demonstrating the possible outcomes of such lawsuits for Levaquin plaintiffs whose cases have not yet been to trial. In Christensen’s case, the jury decided that he and his doctor had both been sufficiently warned of the potential side effects associated with the medication.

            Although not all Levaquin plaintiffs will see their cases result in a successful outcome, many people who can prove that they were not sufficiently warned of the side effects and that their injuries are, in fact, related to their use of Levaquin will be able to claim damages in these lawsuits, including the potentially significant punitive damages that some juries may award.