A federal jury in Minneapolis charged with determining whether a Johnson & Johnson antibiotic drug caused harmful side effects to an 84-year-old Worthington, Minn., man found in favor of the defense Friday and declined to award damages to the plaintiff.
The case, heard before U.S. District Judge John Tunheim, was one of nearly 1,000 similar lawsuits that have been consolidated in federal court. It revolves around allegations that the Levaquin antibiotic contributed significantly to the plaintiff's ruptured Achilles tendon, and that Johnson & Johnson sought to hide from doctors the highly profitable drug's potential for side effects.
The suit was filed by Calvin Christensen, a retired businessman who was hospitalized in May 2006 for pneumonia. His doctor prescribed Levaquin and a steroid to treat the respiratory condition. Christensen's Achilles tendon later ruptured, and surgery was required to repair it. He sued Johnson & Johnson and its Ortho-McNeil-Janssen Pharmaceuticals unit in 2007.
"The jury took a good, hard look at all the evidence and correctly concluded that Ortho-McNeil-Janssen Pharmaceuticals Inc. acted responsibly and properly in disclosing the risks associated with this effective and life-saving medicine," James Irwin, lead attorney for the defense, said after the jury's decision.
In his suit, Christensen said Johnson & Johnson was aware of the drug's tendon-related problems before it added a more prominent warning to the label in 2008 in response to a Food and Drug Administration requirement that applied to all makers of similar drugs.
Johnson & Johnson strongly disagreed that it had concealed safety risks associated with Levaquin. The medical giant said that Levaquin's label has listed warnings about tendon rupture since the drug was approved by the FDA in 1996.
In addition, Christensen's doctor picked Levaquin as the best drug for his patient, despite being made aware by Johnson & Johnson of the risks of using Levaquin and steroids together, said Irwin.
Christensen's quality-of-life issues today are mostly caused by his chronic obstructive pulmonary disease (COPD), a lung disease that makes it increasingly difficult to breathe, rather than his damaged Achilles tendon, Irwin said.
Christensen's attorney, Ronald Goldser of Minneapolis, told the jury in his closing argument Friday that Christensen's doctor had been deliberately misled by Johnson & Johnson about possible Levaquin/steroid interactions that could cause tendon rupturing. As a result of Johnson & Johnson's actions, Christensen's ruptured tendon contributed to his loss of mobility for fishing and golf, and thus lowered his quality of life, Goldser claimed.
Steve Alexander • 612-673-4553
