PHILADELPHIA — A consumer is suing Bayer Healthcare Pharmaceuticals Inc.; Bayer Corporation; Bayer AG; Bayer Pharma AG; and Merck & Co. Inc., citing alleged breach of implied warranty, failure to warn, fraud, negligence and product liability.
Elizabeth Blankenship filed a complaint on May 9 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants alleging that they manufactured and sold a defective product to consumers.
According to the complaint, the plaintiff alleges that she was physically injured from taking Avelox. The plaintiff holds Bayer and Merck responsible because the defendants allegedly failed to warn the plaintiff regarding the potential harmful effects of taking Avelox.
The plaintiff requests a trial by jury and seeks general and special damages, medical expenses, interest, full refund of all purchase costs, compensatory damages, consequential damages, punitive damages, court costs and any further relief this court grants. She is represented by James Barger of Aylstock, Witkin, Kreis & Overholtz PLLC in Pensacola, Florida.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-02125-RK