What are the laws surrounding Invokana?
The laws and statutes surrounding an Invokana case are similar to those of any other products liability suit. Some basic instructions on these lawsuits are spelled out in 735 ILCS 5/2-2106 including the following:
- “alteration, modification or change” or “altered, modified, or changed” means an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations, instructions and warnings given with respect to a product including the failure properly to maintain and care for a product.
- “product” means any tangible object or goods distributed in commerce, including any service provided in connection with the product. Where the term “product unit” is used, it refers to a single item or unit of a product.
- “product liability action” means any action based on any theory or doctrine brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation, assembly, installation, testing, makeup, characteristics, functions, design, formula, plan, recommendation, specification, prescription, advertising, sale, marketing, packaging, labeling, repair, maintenance or disposal of, or warning or instruction regarding any product. This definition excludes actions brought by State or federal regulatory agencies pursuant to statute.
- “seller” means one who, in the course of a business conducted for the purpose, sells, distributes, leases, assembles, installs, produces, manufactures, fabricates, prepares, constructs, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce.
Obviously, in these circumstances, the “product” is Invokana; the “seller” is Janssen, Johnson & Johnson, or another member on the supply chain; and the “product liability action” would be your lawsuit against one of the sellers.
For additional information see the following pages: