Makers of the antibiotics Levaquin, Avelox and Cipro are challenging a request from numerous plaintiffs to consolidate their cases into a mass tort program.

Lawyers representing 32 plaintiffs with claims that taking the drugs caused nerve damage to their extremities asked the Philadelphia Court of Common Pleas to establish a mass tort for the litigation, which, plaintiffs claim, is expected to increase. However, both Bayer and Johnson & Johnson, which make the drugs, have recently filed opposition papers.

The companies argue that mass tort status would unnecessarily complicate the litigation as the three antibiotics have different uses, chemical makeups, warnings and development and approval histories.