ohnson & Johnson Wins Second Trial Over Levaquin Claims

Johnson & Johnson properly warned of the risks of its antibiotic Levaquin and isn't responsible for a tendon injury sustained by an 84-year-old man, a Minneapolis jury said.Calvin Christensen, who said he ruptured the Achilles tendon in his right foot after taking the drug while hospitalized with pneumonia, sued the company and its Ortho- McNeil Pharmaceutical unit in 2007. Christensen said the companies downplayed the risks of Levaquin to boost the drug's sales.Johnson & Johnson denied any failure to warn and contended Christensen needed Levaquin to treat the pneumonia. The Minneapolis federal court jury rejected his claim today. Christensen was seeking unspecified compensatory and punitive damages."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 B. Irwin, a lawyer for the company said in a statement after the verdict.Christensen's case is the second of more than 2,500 pending claims in U.S. courts to go to trial over allegations that Levaquin caused tendon damage in patients and that the company failed to adequately disclose the risk. J&J and Ortho-McNeil lost the first trial when a separate Minneapolis jury awarded $1.8 million to an 82-year-old man who ruptured both Achilles tendons.Ron Goldser, a lawyer for the plaintiff, said in a brief interview that his side is "disappointed."The U.S. Food and Drug Administration in 2008 required an upgraded warning on tendon damage posed by Levaquin and similar drugs. Christensen claimed the warning should have been enhanced earlier and that Johnson & Johnson and Ortho-McNeil, now Ortho- McNeil-Janssen, targeted the elderly for drug sales.The Christensen trial began June 1.The lawsuit is Christensen v. Johnson & Johnson, 07-03960, combined for trial in In re Levaquin Products Liability Litigation, 08-md-01943, U.S. District Court, District of Minnesota (Minneapolis).