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Case ID: 2673 | Drugs / Medical | 07/12/2004
A nationwide class action has been filed against pharmaceutical distributors Albers Medical, Inc., and Med-Pro, Inc. on behalf of consumers who allege that the companies repackaged and distributed counterfeit Lipitor and possibly other drugs as well. The action alleges that the companies violated the federal Racketeer Influenced Corrupt Organizations Act (RICO) and the Missouri Merchandising Practices Act in distributing the counterfeit drugs. The action seeks treble damages under the RICO statute, monetary damages under the Merchandising Practices Act, punitive damages, and an order requiring Albers and Med-Pro to place the profits from the sale of counterfeit Lipitor in a trust for the benefit of the class.
Previously, Albers announced May 23, 2003, that it had begun a recall of three lots of counterfeit Lipitor in response to an investigation by the federal Food and Drug Administration (FDA). The recalled lots had been repackaged by Med-Pro, according to an FDA press release. Later, on June 3, the recall was expanded to include an additional six lots, also repackaged by Med-Pro. The action alleges that than 200,000 bottles were recalled. Allegedly, the counterfeit Lipitor was sold in packages also containing genuine Lipitor, and was often indistinguishable from genuine Lipitor. The action alleges that the counterfeit pills pose a serious threat to the health and well being of the public and consumers of the Lipitor product. In June 2003, Albers and Med-Pro were sued in federal court in Kansas City, Missouri, by Pfizer, Inc., the manufacturer of Lipitor, for trademark infringement, trademark dilution, counterfeiting, and unfair competition. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest Kahn Gauthier Swick is investigating possible legal actions against Amarin Pharmaceuticals, Inc., the manufacturer of the prescription drug Permax (pergolide mesylate), to recover for heart damage suffered by some patients taking the drug. A New York City attorney filed a class action complaint in the Southern District of New York on March 6, 2006, against sanofi-aventis Group, the manufacturer of the widely prescribed sleep medication Ambien. Before filing the case, the attorney interviewed people nationwide and an expert pharmacologist. All confirmed the dangerous side effects of Ambien. Four class representatives relate their experiences in the Complaint of taking Ambien for good nights sleep and waking up only to find themselves in jail, driving cars while in a hypnotic state and binge eating at night where their spouses shoveled food from their mouths. The attorney explains, "The purpose of our lawsuit is to insure Ambien warns consumers and doctors about the adverse side effects of sleep walking and sleep eating because it is unfair to Ambien users to enter this hypnotic state then sleep walk and drive, putting themselves and others in danger. You don't want to be that other person crossing the road when an Ambien user is hypnotically driving towards you. The worst part of those side effects is that these people have absolutely no memory of what happened to them after they took Ambien." A class action has been filed against AstraZeneca PLC (NYSE:AZN), a pharmaceutical company and certain of its officers and directors by stockholders who purchased the company's common stock between April 2nd, 2003 and October 11th, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. Illiana Surgery and Medical Center is settling a class-action lawsuit filed by former and present employees who claimed the company failed to transfer deductions from their wages to a self-funded employee health care plan. The lawsuit claims that workers were forced to pay unnecessary medical bills, some equaling many thousands of dollars.
After the Anthrax attacks in 2001, the antibiotic Cipro was widely hailed as the preferred treatment for those who thought they had been exposed to the disease. A class action has been filed against German drug manufacturer Bayer AG on behalf of employees of the Brentwood Post Office in Washington, D.C., and workers at the U.S. Capitol, along with employees of American Media, Inc. in Florida and postal workers in general, all of whom allege that they have suffered serious side effects from taking the antibiotic ciprofloxacin (Cipro) in the aftermath of the anthrax attacks in 2001. The action alleges that Bayer failed to warn them of the potential side effects in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Laws.
If doctors overcharge your insurer, you will eventually end up paying for it through higher premiums. A class action has been filed against biotechnology business MedQuest Associates, Inc. on behalf of Georgia patients who allege that the company makes exclusive deals with doctors to induce the doctors to refer their patients to MedQuest imaging centers in violation of state insurance law.
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