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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Illinois man alleges use of Viagra caused melanoma diagnosis

Medical malpractice 02

SAN FRANCISCO – An Illinois man alleges that a pharmaceutical company did not properly advertise warnings of a drug's use on its labels.

John Switalski filed a complaint on April 5 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, fraudulent misrepresentation, negligent misrepresentation and other counts. 

According to the complaint, the plaintiff alleges that he was diagnosed with malignant melanoma in 2007 when a biopsy was conducted on his right upper back. 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 and seeks general damages; medical, incidental and hospital expenses according to proof; interest; full refund of all purchase cost of Viagra; consequential and compensatory damages; all legal fees and any other relief as the court deems just. He is represented by Kimberly D. Barone Baden and Ann E. Rice Ervin of Motley Rice LLP in Mount Pleasant, South Carolina.

U.S. District Court for the Northern District of California Case number 3:16-cv-01718-SK

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