Couple's lawsuit which claimed drug's side effects were concealed was dismissed

By Louie Torres | Jul 11, 2016

MINNEAPOLIS — A couple's lawsuit against Bayer Healthcare Pharmaceuticals Inc., Schering Corporation and IVAX Pharmaceuticals Inc. which had cited alleged failure to warn, liability and product liability was dismissed last year, according to court records.

Carla Wolbach and Donald Wolbach initially filed a complaint on July 6, 2016 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, which alleged that they failed to disclose potential harmful effects of ciprofloxacin.

According to the original complaint, the plaintiffs allege that, between June 2, 2011 and 2016, Carla Wolbach experienced several side effects from ingesting ciprofloxacin including tingling and burning in her limbs, memory loss, and other side effects that continued to the present time. The plaintiffs held the defendants responsible because they allegedly knew of the the potential harmful effects of ingesting ciprofloxacin but hid the information from consumers.

In February 2017, the matter was transferred to the U.S. District Court for the District of Minnesota for reasons of it concerning "factual questions arising from allegations that fluoroquinolone antibiotics cause or substantially contribute to the development or irreversible peripheral neuropathy, and that the warnings provided by defendants concerning that risk were inadequate."

However, that April, the case was dismissed without prejudice upon the mutual consent of both parties, by U.S. District Court Judge John R. Tunheim.

Prior to dismissal, the plaintiffs requested a trial by jury and sought judgment against the defendants in an amount in excess of $75,000 plus court costs. They were represented by Sean Quinn of Quinn Law Group LLC in Philadelphia and Martin Rothmann of Law Office of Martin L. Glink in Arlington Heights, Illinois.

U.S. District Court for the District of Minnesota case 0:17-cv-00358

U.S. District Court for the Eastern District of Pennsylvania case 5:16-cv-03711

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