Plaintiff’s Levaquin Retrial Request Denied
A plaintiff who filed Levaquin litigation has seen his request for a retrial denied after he lost his case to defendants Ortho-McNeil-Jannsen. Levaquin lawsuits were consolidated on June 13, 2008, into a multidistrict litigation case in the United States’ District Court for the District of Minnesota. Hundreds of plaintiffs are seeking settlements for the side effects they have experienced after taking the popular and powerful antibiotic, and plaintiff Clifford Straka was no different. His case was the third bellwether trial to go to court and resulted with a jury verdict in favor of the defendant, with the rationale being that it was not clear that warnings would have prevented the plaintiff from taking the medication.
Plaintiff suffered side effects
Judge John R. Tunheim was assigned by the Judicial Panel on Multidistrict Litigation to oversee the multidistrict litigation proceedings. He was the one who denied plaintiff Straka’s request for a retrial. It was discovered that one of the jurors in the case had ties with the defendant, but she had revealed these ties to the court and the judge had determined that she could still make a fair and impartial decision in the trial. Straka claimed that a new trial was warranted because of the juror, but Judge Tunheim disagreed and the verdict still stands. The next bellwether trial is scheduled to begin in March of 2013.
The first of three bellwether trials that have already taken place was successful for the plaintiff, who was awarded $1.8 million by the jury. Both of the other two bellwether trials that have taken place have resulted in a decision for the defendants.
Future settlements could be awarded
The latest status conference, which was held on October 1, 2012, involved discussion of a tentative settlement agreement that was reached on the 25th of September, 2012. These settlements could reduce the number of cases in the MDL from about 1,000 to about 845 cases. An additional 2,000 other cases are pending in the mass tort case taking place in New Jersey
- Levaquin (levofloxacin) Tablets and Oral Solution October 2008. http://www.fda.gov/Safety/MedWatch/SafetyInformation/Safety-RelatedDrugLabelingChanges/ucm121615.htm
- Levofloxacin. http://www.nlm.nih.gov/medlineplus/druginfo/meds/a697040.html