SAN FRANCISCO – An Oklahoma hospital has filed a class-action lawsuit against a pharmaceutical company alleging that it misrepresented the total amount of an anti-cancer drug in each vial.

Comanche County Memorial Hospital filed a complaint on behalf of all others similarly situated on May 9 in the U.S. District Court for the Northern District of California against Genentech Inc., Roche Holding AG, Roche Holding LTD and Roche Holdings Inc., citing breach of express warranty, breach of implied warranty, unjust enrichment and other counts.

According to the complaint, the plaintiff alleges that it suffered damages as a result of having to purchase more Herceptin vials due to the inaccurate labels on each vials. The plaintiff holds Genentech Inc., Roche Holding AG, Roche Holding LTD and Roche Holdings Inc. responsible because the defendants allegedly misrepresented or falsely advertised their product, which caused consumers to purchase more vials.

The plaintiff requests a trial by jury and seeks restitution, disgorgement and compensatory damages, all damages plus interest, all legal fees and any other relief as the court deems just. It is represented by Elise Sanguinetti of Arias Sanguinetti Stahle Torrijos LLP in Oakland and Tara Tabatabaie, Katie E. Griffin and Matthew J. Sill of Sill Law Group PLLC in Edmond, Oklahoma.

U.S. District Court for the Northern District of California Case number 3:16-cv-02498

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

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