IN RE LEVAQUIN PRODUCTS LIABILITY LITIGATION

No. 11-3117.

700 F.3d 1161 (2012)

In re LEVAQUIN PRODUCTS LIABILITY LITIGATION. John Schedin, Plaintiff-Appellee v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided: November 30, 2012.


Attorney(s) appearing for the Case

Charles Lifland , argued, Los Angeles, CA, Tracy Joan Van Steenburgh , Dana M. Lenahan , Minneapolis, MN, John Dames , Chicago, IL, Cynthia Ann Merrill , Los Angeles, CA, on the brief, for appellant.

Charles M. Wolfson , argued, New York, NY, Ronald S. Goldser , Minneapolis, MN, Lewis J. Saul , New York, NY, on the brief, for appellee.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.


RILEY, Chief Judge.

In 2005, John Schedin suffered Achilles tendon ruptures while taking the drug Levaquin, which Ortho-McNeil-Janssen Pharmaceuticals, Inc. (OMJP) markets in the United States. Schedin sued OMJP and others for failing to warn adequately of the risk of tendon rupture in patients who, like Schedin, are elderly and taking concomitant corticosteroids. A jury found OMJP primarily liable, awarding Schedin compensatory and punitive damages. OMJP appeals...

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