Filing a lawsuit can be an endeavor that will last months or even years. Insurance companies will do everything they can to avoid paying out a settlement, and if they have even the slightest cause or reason to delay a claim or deny a request, they will do so. Many insurance companies will even go so far as to repeal decisions that were made in court, further adding to the time it takes to settle a claim. In order for your claim to not be tossed to the wayside, you will need to enlist the help of an experienced attorney who has handled dangerous drug lawsuits before. Our team of lawyers at Normandie Law Firm has dealt with such cases and pharmaceutical companies for years, and our goal is to bring victims the compensation they deserve in a timely manner.
Invokana and Diabetes
Invokana is a drug manufactured by one of Johnson & Johnson’s subsidiary pharmaceutical companies, Janssen. The drug was developed to combat Type 2 diabetes by lowering glucose levels in the blood stream; the kidneys would filter the glucose it through the urine and regulate the blood sugar levels in the body. Without the drug, the kidneys would reabsorb the glucose. Those who suffer from Type 2 diabetes have the ability to make insulin, but the body may not make enough of it or the cells may not be able to properly utilize it. There is thus a necessity to inject insulin or to help relieve the insulin resistance that builds up.
Invokana was developed with the intention of being a supplemental drug – diabetics would have the ability to take it and other medication to help with blood sugar, but they would also adhere to the tried and true methods of maintaining a healthy diet and participating in adequate exercise. The Food and Drug Administration (FDA) approved Invokana for widespread usage; it was the first drug of its kind to be approved in America.
However, despite its success in helping regulate blood sugar levels, studies began to show that there was a link between Invokana and various injuries, some of which were particularly devastating. Once it became clear that it greatly elevated the risk of amputation, the FDA mandated that Janssen put warning labels on the packaging to alert people to the risk.
Risks of Invokana
Drugs commonly have side effects that can cause different types of people to suffer. Common side effects like weight loss, fatigue, and depression may be present in all pharmaceuticals, but Invokana has more severe potential injuries. Some of the side effects and damages of the drug include:
- Frequent urinations
- Urinary Tract Infections (UTIs)
- Genital infections and fungal infections on the feet
- Allergic reactions
- Hypersensitivity response (overreaction of the immune system to the introduction of a foreign substance, resulting in swelling)
- Low blood pressure
- Bone fractures (due to decreased bone mineral density, which weakens bones and could cause them to break much easier)
- Kidney damage (due to UTIs and other renal issues)
- Diabetic ketoacidosis (attributed to the increase of blood acids in the bloodstream, which can cause a diabetic coma)
- Lower limb amputation (diabetics already have a risk of amputation, but it has been shown that Invokana increases this risk; signs and symptoms include soreness, tenderness, sores, ulcers, and more)
- Heart attack and pulmonary troubles
Some of these injuries may develop after a lengthy amount of time on the medication. It is important that you seek the assistance of an experienced attorney as soon as you suffer any damages to ensure that you have the most amount of time available to file a lawsuit.
Statute of Limitations on Dangerous Drug Lawsuits
The statute of limitations is the amount of time you have to file a claim after your injury. If you wait too long to take legal action, you will not be able to collect any compensation. Statutes of limitations exist in order to speed up the legal process; if you wait too long, evidence may get lost or corrupted and witnesses may not remember the details as clearly. The defendant may not even be in the state or country any longer, or the business may have gone bankrupt or defunct. The sooner you take legal action, the better off you are.
Some individuals believe that they should file a medical malpractice claim against their doctors for providing them with the defective drug, but in reality, the pharmaceutical company will be the target of the claim. This means that a product liability lawsuit will be the way forward, which has a two-year deadline to file a claim. A class action lawsuit, which consists of mass torts against a single defendant, does not operate under the same rules for the statute of limitations. You may be able to join a class action lawsuit even if your statute has run out; an attorney can help you determine your next step.
However, your lawyer can help toll the statute of limitations, or extend it, if there are certain circumstances. If you were a minor at the time of the injury, the statute would not start until you were legal age at eighteen. If Invokana caused certain injuries that rendered you physically or mentally incapable of filing a lawsuit, the deadline would not begin counting down until you became well enough to take legal action.
Of course, this statute of limitations can be a part of an Invokana lawsuit timeline and increase the time to get compensated for Invokana lawsuit.
Length of Time to Settle an Invokana Case
The first Invokana lawsuit is expected to go to trial in Fall 2018. If you ask, “How long does it take for Invokana cases to settle,” “What is the average amount of time to settle my Invokana case,” or “How much time does it take to settle a dangerous drug lawsuit,” there is no simple answer. It can take one year or two years, but most defective drug cases take 3 to 4 years to settle. This is because of the constant negotiations, repeals, and rejected settlement offers that the company, insurance agents, and lawyers have to participate in.
This is a large reason why we recommend always pursuing legal assistance. It can take a lot of time to go through with a lawsuit, and you may not have the dedication or energy to argue for years to earn coverage. Our lawyers, on the other hand, will make sure your case is properly handled. We will constantly stay in touch with the relevant insurance agent and will do all we can to keep your case at the front of the line. If we need to renegotiate, we will do it as quickly as possible.
Compensation from an Invokana Lawsuit
If you file a lawsuit against Janssen for damages sustained from taking the Invokana medication, you could receive various types of compensation for your damages. You could be covered for:
- Medical expenses, including surgery, hospitalization, medication, and physical therapy, as well as future medical treatments
- Lost wages and anticipated missed income because of future medical procedures or recovery time
- Property damage
- Pain and suffering, including fear, anxiety, PTSD, psychological trauma, and mental stress
- Punitive damages, which are handed out when the defendant is grossly negligent; these damages are additional forms of monetary compensation meant to punish the defendant, but they are often viewed as excessive, and only a competent attorney will be able to secure them
Your family member or loved one may also have passed away due to complications from Invokana. In this case, you may find it beneficial to file a wrongful death lawsuit in order to pursue coverage of funeral expenses, pre-death medical expenses and pain and suffering, loss of consortium, and loss of expected savings and inheritance.
Our Firm
Our team of lawyers at Normandie Law Firm will do everything we can to bring you the quickest settlement possible for your dangerous drug lawsuit. We believe that all individuals should be fairly compensated for their damages if a pharmaceutical company releases a drug with such adverse side effects.
Call us today for a free legal consultation with an expert attorney; you can ask any questions you want about your case and we will tell you what we believe we can earn for you. If you select us to represent you, we will also give you our zero fee guarantee, which promises that you will pay no out of pocket expenses for our services. We will only get paid if we win your case, and the money will come from the settlement we earn for you. In the event that we lose, you will owe us nothing at all.
Contact one of our accomplished lawyers today at Normandie Law Firm in Los Angeles, California for more assistance.
