Invokana® Lawsuit News!
A Invokana kidney injury case can proceed according to a federal judge. No preemption exists according to Judge Martin Feldman. The case concerns the plaintiff developing acute kidney damage while using Invokana a Janssen Pharamaceutical product. Janseen is a division of Johnson & Johnson.
The case involved Gloria Guidry who was prescribed Invokana to treat her Type II diabetes. She took Invokana from approximately 6 months before she was hospitalized for acute kidney injury and acute kidney failure. Guidry alleged that Invokana caused her acute kidney failure.
In the Guidry, Janssen filed a motion to dismiss urging Judge Feldman to dismiss all of the plaintiff’s claims because of preemption. The were many issues addressed in Judge Feldman’s 45 page opinion. However, the key issue in the case was whether a defective design claim arising from use of a brand name prescription drug, Invokana®, is preempted.
Judge Feldman ruled that under Louisiana law that a defective design claim against a brand name prescription drug is not preempted. His rational seemed to be focus, in part, on providing Louisiana residents the right to go to court and have their claim heard by a jury. Further, a key fact the plaintiff alleged was that Janssen knew Invokana’s design posed an unreasonably dangerous risk of kidney injury before it was approved by the FDA.
How Does Invokana Work?
As noted in our Current Investigations, Invokana is designed to help diabetics reduce excess blood sugar by blocking re-absorption of glucose in the kidneys. Instead glucose is pushed out through urination. In this process, it is alleged, sugar builds up in the tubes connecting the kidney to the bladder, forcing the kidneys to over work. This causes the kidneys to stress leading to kidney injury and kidney failure.
Why You Should Select Us?
If you have a serious injury case you need an experienced product liability attorney. At the James Esparza Law Group we only accept clients who have been harmed from defective products. We provide each client with the personal care and attention they deserve. If you or a loved one would like to discuss your Invokana injury we are here to answer your questions. We will make no promises to you, but we will investigate your case and answer your questions as best as possible. Call now 1.800-745-4050. Experience law done differently!