PHILADELPHIA — A consumer is suing Bayer Healthcare Pharmaceuticals Inc.; Bayer Corporation; Merck & Co. Inc.; Johnson & Johnson; Janssen Research & Development LLC; and Janssen Pharmaceuticals Inc., citing alleged breach of implied warranty, fraud, negligence, insufficient measures taken to prevent injuries and negligent misrepresentation.
Arkansas resident John Reed filed a complaint on May 27 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging that they failed to properly list the potential harmful effects of the prescription drugs Avelox and Levaquin on their labels.
According to the complaint, the plaintiff alleges that in 2008 he experience several serious side effects including irreversible peripheral neuropathy from using Avelox and Levaquin. The plaintiff holds the defendants responsible because they allegedly failed to provide proper warning labels on Avelox and Levaquin, misleading the plaintiff and his physicians, which resulted in the plaintiff sustaining physical injuries which needed medical treatment and monitoring.
The plaintiff requests a trial by jury and seeks economic and non-economic damages, medical expenses, full refund of all purchase costs paid for Avelox and Levaquin, compensatory damages, consequential damages, punitive damages, court costs and any further relief this court grants. He is represented by James Barger of Aylstock, Witkin, Kreis & Overhotlz, PLLC in Pensacola, Florida.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-02615-GAM