PHILADELPHIA — A consumer is suing Bayer Corporation; Bayer Healthcare Pharmaceuticals Inc.; Bayer Pharma AG; Bayer AG; and Merck & Co. Inc., pharmaceutical companies, citing alleged breach of implied warranty, failure to warn, fraud, negligent misrepresentation and product liability.
Denise Gubitosi filed a complaint on Aug. 5 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging that they failed to include the potential harmful effects of Avelox in its label.
According to the complaint, the plaintiff alleges that in April 2013, she was prescribed Avelox, which caused physical injuries to her. The plaintiff holds the defendants responsible because they allegedly failed to warn the plaintiff or her physician regarding the harmful effects of Avelox.
The plaintiff requests a trial by jury and seeks non-economic and economic damages, all medical expenses, interest, a refund of all purchase costs of Avelox, compensatory damages, consequential damages, punitive damages, court costs and any further relief the court grants. She is represented by Sindhu Daniel of Baron & Budd, P.C. in Dallas.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-04254-PD