Invokana Lawsuits

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 What Is Invokana?

Invokana, also known as canagliflozin, is a medicine for adults with type-2 diabetes or high blood sugar. A person prescribed Invokana takes it once daily and is supposed to use it with diet and exercise.

It works through the kidneys to allow the body to eliminate blood sugar through urination. It is similar to other type-2 diabetes prescription drugs such as Januvia. Invokana is manufactured and sold by the Johnson and Johnson company.

Taking Invokana can result in weight loss. However, it is not approved as a weight loss medication and is not legally prescribed for that purpose.

What Are Some Dangers and Side Effects of Taking Invokana?

Because of how the medication interacts with the kidneys and urinary functions, Invokana is associated with various serious side effects, including the following:

  • Dehydration: Dehydration is the loss of body fluids. A person may have an increased risk of dehydration if they do any of the following:
    • Take blood pressure medication;
    • Follow a low sodium (salt) diet because salt causes the body to retain fluids, and a low salt diet causes the body to lose fluids;
    • Have a history of kidney problems;
    • Are 65 years old or older;
  • Amputations. Invokana may increase a person’s risk of needing amputation of their lower limbs, i.e., legs and feet. Amputations have mainly involved the removal of the toe or part of the foot. However, amputations of a leg, both below and above the knee, have also been required. Some people have required more than one amputation, some on both legs.

A person is likely to have a higher risk for these amputations if they:

  • Have a medical history of surgical amputation;
  • Suffer from heart disease;
  • Have had blocked or narrowed blood vessels, usually in their legs;
  • Have neuropathy in their legs;
  • Have had diabetic foot ulcers or sores.

A person is advised to contact their doctor immediately if they experience any new pain or tenderness, sores, ulcers, or infections in their legs or feet, as this may be a symptom of problems.

  • Kidney Failure: People who have experienced kidney failure or other issues involving their kidneys;
  • Weight Loss: This is weight loss that is not intended;
  • Infections: Invokana users have experienced Infections of various kinds;
  • Cardiovascular Issues: Invokana users have experienced problems with their cardiovascular system;
  • Ketoacidosis: This is a condition caused by increased ketones in a person’s blood or urine. It has occurred in people being treated with Invokana. Ketoacidosis has also occurred in people with diabetes who became ill or underwent surgery while taking Invokana. Ketoacidosis is a serious condition that can lead to hospitalization and, in some cases, death. Ketoacidosis can happen with Invokana use, even if a person’s blood sugar is relatively low. A person should stop taking Invokana and call their doctor if they experience any of the following symptoms:
    • Nausea;
    • Vomiting;
    • Abdominal pain;
    • Fatigue;
    • Difficulty breathing;
  • Yeast Infections: Both men and women who have used Invokana have experienced serious yeast infections of the genitalia.

While the kidney and urinary side effects of Invokana have been known to medical science for a long while, recent studies have also revealed still more serious side effects, such as the following:

  • Bones that are fragile because of loss of bone density;
  • An increased risk of fracturing bones, especially in the hips and lower spine;
  • Amputations of the legs and feet.

Some people reported experiencing bone fractures as soon as 12 weeks after the person started taking Invokana. Because of the seriousness and incidence of these side effects, new warnings for Invokana were required.

The federal Food and Drug Administration (FDA) issued a so-called “black box warning” in 2017 regarding Invokana. The FDA issued the warning after learning that many patients had to have foot or leg amputations after taking the medication. Once a drug receives a black box warning, its manufacturer must create a medication guide describing how patients can safely use the drug. These guides come with the medication at the pharmacy and are available online on the FDA website.

What If I Have Been Injured by Invokana?

Invokana lawsuits have been filed because of the various side effects and injuries people have suffered from taking the drug. These are often litigated under dangerous drug or defective medicine laws. Sometimes, liability may be based on other legal theories, such as pharmacy error. Or, a person might allege that a doctor wrongly prescribed the drug and that this constituted medical malpractice.

Most often, however, a person files a lawsuit because they have been injured by taking Invokana based on the three following legal theories:

  • Failure to Warn: The most common Invokana lawsuit claims that Johnson & Johnson failed to warn patients of the increased risk of amputations and other serious complications associated with taking Invokana;
  • Breach of Warranty: A drug manufacturer may be liable for breach of an express warranty made to a physician. More rarely, a manufacturer may be liable for a breach of express warranty communicated to a patient. An express warranty is a statement made by the seller of a product that gives the buyer a description of the product. The seller does not have to explicitly express a guarantee, just a factual statement about the product. A buyer must then rely on the statement of fact made by the seller when deciding to purchase the product. If the fact turns out to be false, the seller has breached the express warranty.

Or, a breach of warranty case may be based on a breach of an implied warranty. The law holds that because of placing a product on the market for sale, the manufacturer makes an implied promise that the product is fit for the purpose for which it is sold, and the consumer trusts in the skill and judgment of the seller. The product is merchantable, meaning it is of commercially acceptable quality. It is fit for normal use, of good quality, and is what is promised on labels and packaging.

Therefore, if it turns out that the product has impurities or is defective, the product may breach this implied warranty. It is not merchantable, as warranted, and not fit for its intended purpose as warranted;

  • Fraudulent Misrepresentation: In a fraud case, a person would claim that the manufacturer of Invokana made false and misleading representations about the medication and failed to exercise reasonable care in their marketing of it. Because of the false and misleading statements, the person was induced to buy and use the drug, which caused them injury and resulting economic loss. This, of course, would not be the intended result of using the medication. In the case of Invokana, the manufacturer did not disclose all known side effects when it was introduced to the market, making its manufacturer liable for fraud.

In most cases, injuries sustained from the use of drugs such as Invokana may be compensated by monetary damages. This usually compensates the injured person for losses and unanticipated financial expenses, such as the cost of all related medical treatment, including future treatment or rehabilitation, if required.

An award of damages also compensates a person for lost wages and pain and suffering. In some cases, a class action lawsuit may result if several people suffer the same type of injury because of taking Invokana. If a person were to have died due to the effects of Invokana, their relatives would file a wrongful death lawsuit.

Should I Hire a Lawyer for Help with an Invokana Issue?

Injuries from medications can be very serious and may require legal action. You may wish to consult a class action attorney in your area if you have experienced any injuries or other negative effects from taking Invokana or similar medications.

Your attorney can analyze the facts of your situation and advise you of your rights and whether you have a claim under current personal injury laws. If you decide to file a lawsuit in consultation with your lawyer, your lawyer will be able to provide the representation you need.

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