SAN FRANCISCO – A North Carolina man alleges that a drug manufacturer did not properly advertise warnings of a drug's use on its labels.
John A. Wendling filed a complaint on April 1 in the U.S. District Court for the Northern District of California against Pfizer Inc., citing alleged breach of implied warranty, breach of express warranty, negligence, negligent misrepresentation, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that in September 2013, he was diagnosed with malignant melanoma when a biopsy was conducted on his scalp and right lower arm. He alleges this was caused by his continued use of Viagra. The plaintiff holds Pfizer Inc. responsible because the defendant allegedly knew about the harmful effects of Viagra when it tested sildenafil on rats. Despite knowing the harmful effects of the drug, the defendant allegedly chose to distribute it without providing any warnings and precaution on the drug's label.
The plaintiff seeks a trial by jury, all damages to be determined in trial, all legal fees and any other relief as this court deems just. He is represented by Gary L. Wilson of Robins Kaplan LLP in Los Angeles and Munir R. Meghjee and Troy F. Tatting of Robins Kaplan LLP in Minneapolis.
U.S. District Court for the Eastern District of California Case number 3:16-cv-01652-KAW