10th Cir. Upholds Dismissal of Levaquin Action as Time Barred

DENVER — A federal appeals panel has refused to revive a lawsuit accusing Janssen Pharmaceuticals Inc. of failing to warn doctors that its fluoroquinolone antibiotic Levaquin can cause peripheral neuropathy, affirming that the claims are untimely under Oklahoma’s two-year statute of limitations.

In a July 21 order, the 10th Circuit U.S. Court of Appeals panel agreed with the U.S. District Court for the Eastern District of Oklahoma that 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 …