More than 100 plaintiffs with lawsuits pending in the Pennsylvania federal court system alleging kidney damage from the diabetes drug Invokana (generic: canagliflozin) are challenging Janssen Pharmaceuticals’ attempt to transfer the cases into the newly-created multidistrict litigation (MDL) in New Jersey.
Free Confidential Lawsuit Evaluation: If you or a loved one got diabetic ketoacidosis or kidney disease from Invokana, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
January 12, 2017 – Janssen recently filed a motion seeking to stay and then transfer or dismiss 106 Invokana lawsuits that were originally filed in Pennsylvania state court and subsequently removed to the U.S. District Court for the Eastern District of Pennsylvania. Plaintiffs responded to the motion Monday, arguing that the transfer would go against “virtually all of” the factors courts should consider when trying the cases.
According to a reply fied in the case of Portnoff v. Janssen Pharmaceuticals, these factors include:
- Plaintiff’s choice of forum should be given weight because there is a nexus between Pennsylvania and allegations in the case;
- The purported convenience that defendants rest on will not be realized because there are a number of cases that cannot be transferred for diversity jurisdiction;
- The proposed new location is less convenient for non-party witnesses, and
- Other factors weigh against transfer, including the convenience of the parties weighed against financial condition, and the relative congestion of the two districts at issue.
Janssen spokeswoman Kaitlin Meiser said the company is committed to defending against the allegations and transferring the lawsuits to promote efficiency:
“We believe that these cases should then either be transferred to the District of New Jersey where the federal multidistrict litigation is pending to promote efficiency for all parties, or dismissed outright on numerous grounds,” Meiser said.
Janssen’s request was submitted Nov. 21, before the MDL was established in New Jersey. However, its motion said it was likely that the lawsuits would be removed to the venue.
The company said that transferring the Pennsylvania wing of the litigation to Judge Martinotti would “encourage efficient and expeditious resolution of these cases by a single judge while helping to minimize the wastefulness of time, energy, and money.”
Do I Have an Invokana Lawsuit?
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Invokana lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you were injured by Invokana side effects, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.