PHILADELPHIA — A couple are suing Bayer Healthcare Pharmaceuticals Inc.; Bayer Corporation; Bayer AG; Bayer Pharma AG; and Merck & Co. Inc., citing alleged breach of implied warranty, fraud, liability, negligence and product liability.
Mack McCann and Mary McCann, of Kentucky, filed a complaint on May 9 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants alleging that they manufactured and sold a defective product to consumers.
According to the complaint, the plaintiffs allege that Mack McCann was physically injured from taking Avelox. The plaintiffs hold the defendants responsible because they allegedly failed to warn the plaintiff regarding the potential harmful effects of taking Avelox.
The plaintiff requests a trial by jury and seeks general and special damages, medical expenses, interest, full refund of all purchase costs, 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 & Overholtz PLLC in Pensacola, Florida.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:17-cv-02128-NIQA