SAN FRANCISCO – A Utah consumer alleges that a pharmaceutical company did not warn consumers about the purported side effects of a drug used to treat erectile dysfunction.
Dorn L. Schmidt filed a complaint on April 15 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 April 2014, he was diagnosed with malignant melanoma when a biopsy was conducted on his right distal calf. 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 actual, compensatory, punitive and/or exemplary damages in an amount to be determined in trial, all legal fees and any other relief as this court deems just. He is represented by Jessica C. Foster of Milstein Adelman Jackson Fairchild & Wade LLP in Los Angeles.
U.S. District Court for the Northern District of California Case number 3:16-cv-01999-RS