More than 100 plaintiffs with lawsuits alleging kidney failure from Invokana are fighting an attempt by the manufacturer to have the cases transferred to the multidistrict litigation (MDL No. 2750) in New Jersey.
Free Confidential Lawsuit Evaluation: If you or a loved one got diabetic ketoacidosis or kidney failure 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 Pharmaceuticals is seeking to stay and then transfer or dismiss at least 106 Invokana kidney damage lawsuits from the U.S. District Court for the Eastern District of Pennsylvania to the District of New Jersey before Judge Brian R. Martinotti. Plaintiffs are opposing the transfer, saying doing so would contradict all of the factors courts need to consider.
Janssen said in November that the transfer would further the goal of judicial economy, noting that Martinotti was already overseeing at least 53 Invokana lawsuits in New Jersey.
“Transferring plaintiff’s action to the District of New Jersey is appropriate because plaintiff could have brought his claims in New Jersey, as Janssen is headquartered there and made decisions there concerning Invokana,” Janssen said. “Further, a transfer will promote the interests of justice and benefit all parties because it will encourage the efficient and expeditious resolution of these cases by a single judge.”
Plaintiffs disagreed, citing the following reasons for their opposition of the transfer in a reply fied in the case of Portnoff v. Janssen Pharmaceuticals:
- 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.
The reply comes about a month after a panel of federal judges ordered the creation of the Invokana MDL in New Jersey. At least 55 lawsuits were pending at the time of consolidation, with 44 additional cases expected to be filed in the New Jersey court.
Pennsylvania has been home to a large portion of the nationwide Invokana litigation. Most of the 106 cases pending in Pennsylvania federal court were originally filed in the Philadelphia Court of Common Pleas.
Do I Have an Invokana Lawsuit?
The Class Action 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.