
Ortho-McNeil, manufacturer of Levaquin, has lost one major legal battle and may lose more. Levaquin, a synthetic chemotherapeutic antibiotic prescribed to treat life-threatening or drug-resistant bacteria, is also known to cause serious side effects. The most common, Levaquin tendon rupture prompted courts to hold them responsible.
John Schedin was the first plaintiff to win a Levaquin lawsuit – this one to the tune of $1.8 million in damages. In February 2008, Schedin took Levaquin to treat an upper respiratory infection. After just eight days of treatment, the plaintiff experienced bilateral Achilles tendon ruptures. Schedin filed suit against Ortho-McNeil on the grounds of insufficient product warning regarding tendon rupture, especially the case of elderly patients.
Lawyers for Ortho-McNeil argued that the label for Levaquin had contained warnings regarding tendon rupture since 1997, and that the company had updated the label in 2001 to reflect an increased risk of tendon rupture in seniors. Schedin's lawyers countered that updated fine print did not constitute adequate warning. Schedin's doctor was unaware of the updated label, and would not have prescribed the medication had he been aware. Furthermore, Schedin's physician explained that he no longer prescribed Levaquin, unless a patient demanded the drug. The jury agreed with Schedin's case and awarded the plaintiff $700,000 in compensatory damages and $1,115,000 in punitive damages.

