New Orleans personal injury attorney is plaintiff in suit over Levaquin

Michelle Massey May 18, 2010, 10:00am

A New Orleans personal injury attorney is a co-plaintiff in a product liability suit against Ortho-McNeil-Janssen Pharmaceuticals, Inc. over its antibacterial drug Levaquin.

R. Glenn Cater, managing partner of Cater and Associates, and Teresa Comfort of Metairie claim tendon injuries as a result of taking the drug, according to the suit filed May 12 in federal court in New Orleans.

Cater and Comfort allege that the defendant has fraudulently misrepresented, concealed and failed to disclose information concerning the safety and effectiveness of Levaquin.

Their lawsuit states that "Levaquin-induced tendon injury involves the degradation of the tendon tissue, leading to severe and permanent injuries."

According to the suit, the FDA required Ortho-McNeil to include "black box" warnings on the drug's label after complaints of tendon rupture surfaced.

"The FDA warnings warn of risks of ruptures, particularly to tendons in shoulders, hands, or Achilles Tendons, and urging patients on Levaquin to discontinue use if pain, inflammation or tendon rupture occurs," the complaint states.

Causes of action filed against the defendant include strict liability, defective design and failure to warn, negligent design, and negligent failure to warn.

Levaquin is in a class of antibiotics, fluoroquinolones, which, according to the complaint, are associated with serious side effects.

Cater and Comfort are asking the court for an award of damages for pain and suffering, diminished ability to perform physical activity, diminished ambulation, medical expenses, interest and court costs.

Cater is listed as attorney on the complaint, as well as Amanda C. Graeber of Cater & Associates.

The firm specializes in medical malpractice, nursing home negligence, personal injury and wrongful death, according to the firm's website.

U.S. District Judge Stanwood R. Duval, Jr. is assigned to the case.

Case No. 2:10cv01451

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