MINNEAPOLIS -- The second trial in the Levaquin antibiotic multidistrict litigation ended in a defense verdict June 17 when a jury in the U.S. District Court for the District of Minnesota found that defendant Ortho-McNeil-Janssen Pharmaceuticals Inc. did not fail to provide a reasonably adequate warning about the risk of tendon rupture and did not violate the Minnesota Consumer Fraud Act (In Re: Levaquin Products Liability Litigation, MDL Docket No. 1943, No. 08-1943, Calvin Christensen, et al. v. Johnson & Johnson, et al., No. 07-3960, D. Minn.).
Calvin Christensen, now 84, was prescribed Levaquin brand levofloxacin and a corticosteroid in May 2006 to treat community acquired pneumonia. He developed pain days later in his right Achilles tendon and was subsequently diagnosed with a ruptured tendon.
Although Christensen's tendon was surgically repaired, he says his activities, such as golf, fishing and walking, are seriously restricted.
Christensen sued the Ortho-McNeil-Janssen Pharmaceuticals subsidiary of Johnson & Johnson, alleging that they inadequately warned about the risk of tendon rupture and concealed the risk.
Ortho-McNeil-Janssen argued that Levaquin's label, approved by the Food and Drug Administration, has always warned about the risk of tendon rupture and that Christensen's treating physician was aware of the risk.
[Editor's Note: Full coverage will be in the July 7 issue of Mealey's Emerging Drugs & Devices. For all of your legal news needs, please visit www.lexisnexis.com/mealeys.]
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