The first Bellwether trial for Invokana is scheduled to begin later this year, in September. The majority of cases have been filed or transferred to the New Jersey Federal District Multidistrict Litigation Court (MDL) as ordered by the U.S. Judicial Panel on Multidistrict Litigation back in December of 2016.
These complaints, which started being filed in 2015, continue to grow. To date more than one thousand cases have been filed in the MDL. The cases allege people taking Invokana are at an increased risk of amputation of a lower extremity as well as increased risk of suffering ketoacidosis, and kidney injury.
The first Bellwether cases, or Group A, will consist of 12 cases: 6 who ingested Invokana and developed ketoacidosis and 6 who developed a kidney injury. The cases will be evenly chosen by both the Plaintiffs and the Defendants which is Janssen Pharmaceutical, the makers of Invokana.
The Court also established a Group B, consisting of Plaintiffs who suffered a heart attack or stroke after taking Invokana. 6 cases in total will be chosen for this group, again being chosen evenly between Plaintiffs and Defendants.
As of yet, there is no Court Order establishing Bellwether cases or trial dates for those who allege amputation as a result of the drug, but those claims do continue to move forward.
Meanwhile, Janssen Pharmaceutical continues to push the FDA to approve the drug for even more uses, including the prevention of cardiovascular death, heart attacks, and stroke. Janssen is feeling the pressure to reach settlements before the negative publicity surges and so there is some speculation a settlement may be reached prior to the start of the September trials.