PHILADELPHIA — A woman is suing Bayer Healthcare Pharmaceuticals and Merck & Co. Inc., citing alleged breach of implied warranty, fraud, negligence, negligent misrepresentation and product liability.
Kathy Sowells 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 plaintiff alleges that in February 2010, she was diagnosed with peripheral neuropathy which was caused by using Avelox. The plaintiff holds the defendants responsible because they allegedly failed to properly warn about the potential harm of using Avelox despite having knowledge of the potential harmful effect it could cause.
The plaintiff requests a trial by jury and seeks general and special damages, all medical expenses, interest, a full refund of drug purchase costs, compensatory damages, consequential damages, punitive damages, court costs and any further relief the court grants.
U.S. District Court for the Eastern District of Pennsylvania Case number 163793