Okla. Federal Judge Dismisses Levaquin Lawsuit Against Janssen as Untimely

MUSKOGEE, Okla. — An Oklahoma federal judge has dismissed a lawsuit accusing Janssen Pharmaceuticals Inc. of failing to warn that its fluoroquinolone antibiotic Levaquin can cause peripheral neuropathy, ruling the claims are untimely under the state’s two-year statute of limitations.

On May 19, Judge Patrick R. Wyrick of the U.S. District Court for the Eastern District of Oklahoma found the plaintiff was on notice of her claims in July 2009, because the drug’s label warned of the risk of peripheral neuropathy.

Pro se plaintiff Angela Kester alleges she was prescribed a 10-day dose of Levaquin in 2009, which she took …