New studies released earlier this month raise troubling questions about the effectiveness of two prescript medications used to control cholesterol. The generic products Ezetimibe--marketed under the registered trademark Zetia--and Ezetimibe/Simvastatin--marketed under the registered trademark Vytorin--apparently aren't effective, as represented by their manufacturers.
Disclosure: the author of this blog routinely handles consumer class actions and may become involved in this litigation in the future.
Consumers are lining up in various states to pursue claims for reimbursements and refunds for money spent on these drugs. According to a complaint filed in U.S. District Court of Kansas, the drugs are alleged to increase the formation of fatty plaques, which raises the risk of heart attack.
It's going to be interesting to see how this plays out.
David F. Sugerman
www.pspc.com
Paul & Sugerman, PC
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3 comments:
It seems to me that unfair trade practices, breach of warranty, and unjust enrichment theories of recovery might be viable if the allegations are true. In the interest of full disclosure, I also handle consumer class actions and may become involved in this litigation in the future.
Anon-
Thanks for your comment. It seems like the classic Unfair Trade Practices Act claim. But yes, the other theories are potentially viable, as well. Interesting stuff, to be sure.
David
Here are some links to interesting news articles on this potential case:
http://www.sciam.com/article.cfm?id=fda-to-review-vytorin-cho
http://ap.google.com/article/ALeqM5gG9N0uBoiAKFrDtmiSxpflszAlggD8UD7KO83
http://money.cnn.com/news/newsfeeds/articles/newstex/AFX-0013-22347721.htm
(In the interest of full disclosure, I also handle consumer class actions and may become involved in this litigation in the future.)
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