Though there are currently dozens if not hundreds of Invokana lawsuits pending in U.S. courts, none have made it to trial yet, and to the public’s knowledge, none have been settled. (It is common for companies to wait until after the bellwether trials before deciding whether to settle cases out of court.)
But while there is not yet a concrete precedent to point to for Invokana plaintiffs, they have good reason to be optimistic. The fact that the FDA added ketoacidosis warnings to Invokana, Invokamet, Farxiga, and Xigduo XR (all SGLT2 inhibitors) in June 2016—more than three years after Invokana’s March 2013 FDA approval—is a powerful piece of evidence.
If the risk of ketoacidosis is great enough to warrant a warning, why didn’t Janssen include it on the label from the beginning? This seems like a textbook case of failure to warn.
The first Invokana lawsuits are moving forward: they were recently consolidated into a multidistrict litigation (MDL) in New Jersey. These cases will serve as bellwether trials for future suits, and depending on their outcome, they could spur Janssen to settle these lawsuits out of court.
$2.4 Billion Settlement for Actos Plaintiffs
Though it’s impossible to say how much relief Invokana plaintiffs might receive in court or through a settlement, it could be a significant amount. For example, in 2015 the Japanese drug company Takeda settled lawsuits over its Type 2 diabetes drug Actos for $2.37 billion. (Actos has been linked to bladder cancer.)
In 2014, a Louisiana jury awarded $6 billion to an Actos user, Terrance Allen, who had developed bladder cancer. (A judge later reduced the award to $38.6 million.)
Stay Tuned for More
As soon as an Invokana cause is decided in court or settled outside of it, we will update this page with all the relevant compensation details. In the meantime, check our Invokana lawsuit page for eligibility criteria and the types of compensation an Invokana plaintiff might receive.