Introduction

Description of MDL No. 08-1943

This multidistrict litigation consists of a significant number of cases currently pending before this Court involving the drug Levaquin. Levaquin is an antibiotic used to treat a variety of bacterial infections, including upper respiratory infections. Plaintiffs have been prescribed Levaquin, and allege that it causes tendons to rupture. They claim that defendants’ warnings about this alleged side effect were inadequate.

Defendants Johnson & Johnson, Ortho-McNeil Pharmaceutical, Inc., and Johnson & Johnson Pharmaceutical Research & Development, LLC allegedly developed, manufacture and market Levaquin. Defendants deny that Levaquin is defective or unreasonably dangerous. Defendants also deny that they failed to provide adequate warnings.

The Judicial Panel on Multidistrict Litigation determined that centralizing the Levaquin Tendon Rupture cases was appropriate. Based on a number of factors, the Judicial Panel determined that the District of Minnesota was an appropriate forum. All Levaquin Tendon Rupture federal cases have been ordered transferred to the District of Minnesota, and assigned to the Honorable John R. Tunheim as MDL No. 08-1943.

Judge Tunheim is coordinating discovery and other pretrial matters in these cases. Subsequent Levaquin Tendon Rupture cases filed in federal court will ordinarily be transferred to the District of Minnesota and become part of MDL No. 08-1943 as “tag along” cases. When discovery and other pretrial matters have been concluded, the cases that constitute MDL No. 08-1943, unless otherwise resolved, will be transferred back to the districts in which they were originally filed for trial or other proceedings................