Northern California Record

Tuesday, December 10, 2019

Man alleges company did not warn of purported effects of drug

By Wadi Reformado | Apr 19, 2016

Medical malpractice 03

SAN FRANCISCO – An Oregon consumer is suing a pharmaceutical company alleging that it did not place proper warnings on its label about the harmful effects of a drug used to treat erectile dysfunction.

Roy C. Lusch filed a complaint on April 7 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 February 2009 he was diagnosed with melanoma when a biopsy was conducted on his left vertex of scalp. Plaintiff alleges this was caused by prolonged 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, all medical expenses according to proof, interest, full refund of all purchase costs of Viagra, consequential and compensatory damages, punitive damages, all legal fees and any other relief as this 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-01802-RS

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PfizerU.S. District Court for the Northern District of California