At TheLawFirm.com, we know that all of this legal and medical information can be a lot to digest and that it might be a bit overwhelming at times. Our team of expert attorneys and dedicated staff is here to help you make sense of it all and to guide you toward the best outcome for you and your family. We do what we do because we are passionate about defending your rights against the amoral profit motives of Big Pharma.
As a start, below are listed some the most frequently asked questions we receive about Invokana litigation (and, of course, our most “frequently given answers” to go along with them). If you or a loved one believe you have suffered injury as a result of taking Invokana, please don’t hesitate to contact us today to begin exploring your possible legal remedies now.
Who is eligible to bring a claim against the makers of Invokana and similar drugs?
In order to bring a claim against the makers of Invokana and similar drugs—and to qualify for possible compensation—you must meet specific criteria. If you answer “yes” to all of the following questions, contact the expert attorneys at TheLawFirm.com now for a free consultation.
• Have you been diagnosed with type I or type II diabetes?
Only those suffering from diabetes are eligible to bring a claim. For multiple reasons, plaintiffs having been diagnosed with type II diabetes likely will have a stronger claim against the drug makers than those with type I diabetes.
• Have you ever been prescribed one of the following drugs?
Only those who have taken one of the following drugs are eligible:
• Invokana (canagliflozin) [Produced by Janssen Pharmaceuticals]
• Invokamet (canagliflozin and metformin) [Produced by Janssen Pharmaceuticals]
• Farxiga (dapagliflozin) [Produced by Bristol-Myers Squib]
• Xigduo (dapagliflozin and metformin) [Produced by AstraZeneca]
While taking one of the drugs listed above, or within 30 days of your last dose, did you suffer from one of the following?
• Hospitalization due to a diagnosis of diabetic ketoacidosis (DKA)?
To qualify for a claim based on a diagnosis of DKA, you must have first taken one of the listed medications prior to June 2015
• A diagnosis of acute kidney injury (AKI)?
To qualify for a claim based on a diagnosis of AKI, you must have first taken one of the listed medications prior to June 2016
• Amputation of a lower limb?
To qualify for a claim based on amputation of a lower limb, you may have first taken one of the listed medications at any time
• Hospitalization due to a diagnosis of urosepsis?
To qualify for a claim based a diagnosis of urosepsis, you may have first taken one of the listed medications at any time, but your claim potentially is strongest if you began taking the drug prior to December 2015
If you answered “yes” to each of these three questions, then you may have a claim against the manufacturers of the drug that was prescribed to you. Contact TheLawFirm.com’s experienced team of expert lawyers now for a free consultation!
Is Multidistrict Litigation (MDL) the same as Class Action?
No. There are important differences between MDL and class action. In a class action case, a small number of people represent the entire group of plaintiffs. These representatives make decisions on behalf of the whole group, and other group members have little if any say over the outcome. In multidistrict litigation (MDL), on the other hand, multiple cases are consolidated and brought before a single court in order to streamline the fact-finding process, particularly when it comes to pretrial proceedings. But the cases are still tried individually, meaning that each plaintiff retains important decision-making power, not the least of which is control over the ultimate decision of what kind of settlement, if any, to accept.
When I sue over Invokana or another medication, I’m not suing the doctor who prescribed it, am I?
No. We don’t due doctors, we sue the giant pharmaceutical companies responsible for manufacturing, marketing, and selling defectively designed, under-tested, over-sold drugs to an unwitting, uninformed public, which, unfortunately, often includes doctors themselves. Pharmaceutical salespeople are trained to seduce doctors with fine-tuned sales pitches and promises of nice perks, while failing to provide doctors with the compete, accurate, and impartial information they need to best advise their patients.
I hear all the time about how slow and inefficient our court system is and how trials can take years to finish. If I sue, will I have to appear in court day after day for a long period of time?
Most likely not. While nothing can ever be guaranteed for certain, based on the statistics, it is highly unlikely that you ever would have to appear in court at all. Given the sheer volume of cases and the weight of evidence against the pharmaceutical companies, the most probable outcome is that the case would be resolved through a settlement agreement well before it ever reaches trial.
How long will the whole process take?
Because time and again we have seen Big Pharma demonstrate that it would rather put its resources toward lawyers and legal maneuverings than developing safer products, we expect Johnson & Johnson and Janssen to fight us tooth and nail to product their cash cow Invokana, which some estimates put at $1 billion in sales annually. We expect these cases to take years, as the companies try to outspend and outlast rather than accept liability for the injuries caused by their dangerous product. We’ve seen it before because we’ve done it before, and we’re in it for the long haul.
How much will this cost me? Do I still have to pay you guys if I lose?
TheLawFirm.com never charges you anything up front. We only get paid for our services if we win your case, and we also advance many “costs” associated with bringing forward your claim. If your cases settles, or if you are awarded damages by a jury, we are re-paid those costs out of the settlement or award. Typical case costs could include filing fees, charges for obtaining medical records, and expenditures on expert witnesses, for example. We try to be as transparent as possible about our fee arrangements, so feel free to ask us whatever questions you might have.
How much money will I get if I win?
While we understand that no amount of money can ever fully compensate for good health or the life of a loved one, you may be eligible for compensation depending on the specifics of your individual case. The amount of damages recoverable through a lawsuit depends on the harm suffered and other circumstances unique to your particular situation. It is impossible for us to predict with any accuracy how much money you may be awarded, if any at all.
I’m not really sure how I feel about bringing a claim right now. What will happen if I wait to see how it plays out?
Waiting is always a risky strategy. Though the law can seem at times like an incredibly slow-moving process, it does place strict time limits on one’s ability to file a claim. These claim expiration dates vary from jurisdiction to jurisdiction and by type of claim. The experts at TheLawFirm.com can help you sort through the legalese, but the bottom line is it is best not to wait. Why risk finding out later that you missed your chance to bring a claim?
I feel like what the drug companies did was wrong, but I don’t want to be one of those people who just sues trying to get rich. What should I do?
Unfortunately, many powerful and influential forces in our society—namely large companies, the politicians they buy with campaign donations, and the media they control through advertising dollars—have spent years popularizing and perpetuating the myth that somehow it is selfish to stand up for one’s rights and to enforce those rights under the law. Generations of Americans have fought long and hard so that we might have these rights and the legal tools with which to defend them against powerful corporate interests and the government itself. One should not be ashamed to stand up rather than be trampled upon by the rich, powerful, and privileged. To the contrary, we owe it to those who fought before us, that they did not struggle in vain, and to those who will follow, that they need not have to. The expert lawyers at TheLawFirm.com stand ready to fight for you! Contact us now for a free consultation.