PENNSYLVANIA — Two consumers are suing Bayer Healthcare Pharmaceuticals Inc.; Bayer Corporation; Bayer AG; Bayer Pharma AG; and Merck & Co. Inc., pharmaceutical companies, citing alleged breach of implied warranty, fraud, negligent misrepresentation and product liability.
Cheryl Tingley and Lynn Tingley filed a complaint on July 13 in U.S. District Court for the Eastern District of
Pennsylvania against the defendants, alleging that they failed to provide proper warnings on the labels of Avelox.
According to the complaint, the plaintiffs allege that Cheryl Tingley was diagnosed with peripheral neuropathy, which was caused by using Avelox. The plaintiffs hold the defendants responsible because they allegedly failed to provide proper warning about the potential harm of using Avelox despite having knowledge of the potential harmful effect it could cause .
The plaintiffs request a trial by jury and seek general and special damages, all medical expenses, interest, a full refund of all drug purchase costs, compensatory damages, consequential damages, punitive damages, court costs and any further relief this court grants. They are 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-03795-GAM