Learned Intermediary Doctrine Does Not Bar Levaquin Claims

MINNEAPOLIS - A Minnesota federal judge has rejected Johnson & Johnson's assertion that the learned intermediary doctrine bars Levaquin injury claims, finding material issues of fact as to whether additional or different information would have altered a physician's decision to prescribe the drug. In re Levaquin Products Liability Litigation, MDL No. 08-1943, No. 07-3960 (D. Minn.).

On July 26, Judge John R. Tunheim of the U.S. District Court for the District of Minnesota also found issues of fact as to whether the prescribing doctor was aware of the relevant risk information.

Edward Karkoska sued Johnson & Johnson, Ortho-McNeil Pharmaceutical …