SAN FRANCISCO – A Virginia man is suing a pharmaceutical company alleging that it did not properly advertise warnings of a drug's use on its labels.
Joseph Barnes III filed a complaint on April 4 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, fraud, negligence and other counts.
According to the complaint, the plaintiff alleges that in November 2011, he was diagnosed with malignant melanoma when a biopsy was conducted on his neck. 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 or precautions on the drug's label.
The plaintiff requests 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 Rachel B. Abrams and Meghan McCormick of Levin Simes LLP in San Francisco and Ernest Cory, Kristian W. Rasmussen and Lauren S. Miller of Cory Watson, P.C. in Birmingham, Alabama.
U.S. District Court for the Northern District of California Case number 3:16-cv-01674-VC