One For, One Against: Levaquin Lawsuit Verdicts Conflict
Minneapolis and St. Paul are known as the “twin cities”; however, juries pooled from the area could not have reached more dissimilar verdicts in two important Levaquin lawsuits.
The recent jury verdict in favor of the defense in the second Minnesota-set bellwether Levaquin lawsuit was surely a surprise for plaintiff Calvin Christensen and his Levaquin lawyer. As it now stands, one Minneapolis jury has found drug maker Ortho-McNeil liable for inadequately warning patients about the harmful side effects of its broad spectrum antibiotic, while another jury has judged the drug maker to have acted responsibly.
Levaquin lawsuit precedent – but which one?
A Levaquin lawyer who has filed litigation on behalf of his or her client must now address the question: Which verdict will set a precedent for future cases?
First Levaquin lawsuit awards $1.8 million to plaintiff
The first federal bellwether trial in Minnesota was filed on behalf of plaintiff John Schedin by a Levaquin lawyer. Schedin had used Levaquin in 2008 to treat an upper respiratory infection, and only eight days later suffered two tears of his Achilles tendons. Schedin and his Levaquin lawyer argued that Levaquin warning labels cloaked the serious risk of tendon rupture within a barrage of more mild, less likely side effects. A jury agreed with Schedin’s Levaquin lawyer, and awarded the plaintiff a total of $1.8 million in damages.
Second Levaquin Lawsuit finds for the defendant
Calvin Christensen was the plaintiff in the second Levaquin bellwether trial. Six bellwether trials in total have been proposed by the Minnesota federal judge who oversees all multi-district Levaquin litigation. These six cases are expected to lay the groundwork for any Levaquin lawsuit that is among the approximately 1,000 pending in federal courts across the country.
In Christensen’s lawsuit, the jury ultimately sided with the argument of Ortho-McNeil’s Levaquin lawyer, namely that the powerful antibiotic was instrumental in treating Christensen’s severe pneumonia, and that the plaintiff and his doctor were both aware of the risk vs. benefit equation.
Next bellwether MDL Levaquin lawsuit to be chosen
The next MDL bellwether Levaquin lawsuit has yet to be chosen from amongst the thousand waiting in the federal queue, though the trial date is roughly scheduled for the late fall of 2011. A Levaquin lawsuit filed in state court will join almost 2,000 others that have been centralized for pre-trial hearings in the Superior Court of New Jersey. The next state Levaquin lawsuit trial is set to commence in August, 2011.
Levaquin FDA black box warning
Regardless of whether a Levaquin lawsuit is filed in state or federal court, a Levaquin lawyer knows that a key factor in influencing a jury verdict will be the fact that in 2008 the FDA issued a “black box” warning to alert patients and doctors about dangerous Levaquin side effects including tendon rupture and rotator cuff tears.