SAN FRANCISCO – A Texas man claims that a pharmaceutical company did not warn consumers about the purported side effects of a drug used to treat erectile dysfunction.
John W. Smith Jr. filed a complaint on April 6 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, negligence and other counts.
According to the complaint, the plaintiff alleges that in March 2007 he was diagnosed with malignant melanoma when a biopsy was conducted on his left cheek. 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, exemplary damages, 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 Lisa Ann Gorshe and Michael K. Johnson of Johnson Becker PLLC in Minneapolis.
U.S. District Court for the Northern District of California Case number 3:16-cv-01749