Levaquin Makers Denied Summary Judgment on Failure-To-Warn, Fraud Claims

MINNEAPOLIS - A Minnesota federal judge has denied the makers of Levaquin summary judgment on failure-to-warn claims, ruling that a jury should determine whether the drug's label adequately warned of tendon injury in elderly patients. Straka v. Johnson & Johnson, et al., MDL No. 08-1943, Civ. No. 08-5742 (D. Minn.).

On Dec. 28, Judge John R. Tunheim of the U.S. District Court for the District of Minnesota also denied defendants' motion for summary judgment as to the fraud claims, ruling that the plaintiff has demonstrated a public benefit.

Clifford Straka sued Johnson & Johnson, Johnson & Johnson Pharmaceutical Research …