Brittani Tigert, a 21-year-old college student, was prescribed Solodyn® to treat her acne. After she reportedly filled six prescriptions for the drug, Tigert suffered serious liver damage and then liver failure.
Though the label was approved by the Food and Drug Administration (FDA), Tigert claims that when she was originally prescribed Solodyn®, the drug's packaging insert "grossly understated the risks associated" with the treatment. Taking her case to the New Jersey Superior Court, Camden Vicinage, Tigert sued Medicis Pharmaceutical Corp. and the Indian generics maker Ranbaxy Pharmaceuticals, Inc., who manufacture, market, and distribute Solodyn®. Tigert contends that Medicis failed to adequately warn consumers of Solodyn®'s dangers, and seeks damages under claims of strict products liability and negligence.
Medicis Pharmaceutical Corp. has been sued over Solodyn® before, when a woman claimed the drug gave her lupus and hepatitis in Maricopa County Court in May 2012.
Medicis filed a motion asserting its immunity as a matter of law. Under Texas law, defendants in "failure to warn" products liability actions are afforded a rebuttable presumption of non-liability when "the warnings or information that accompanied the product in its distribution were those approved by the United States Food and Drug Administration."
U.S. District Judge Robert Kugler disagreed and denied the motion. The court tossed aside Medicis's argument that Tigert failed to sufficiently allege fraud under federal law.
"In both the answer and brief in support of the motion for judgment on the pleadings, defendant contends that plaintiff failed to allege fraud with particularity only with respect to the misrepresentation, breach of implied warranty, and fraudulent concealment claims, all of which were voluntarily dismissed. Consequently, the court will decline to consider this argument," Kugler concluded.
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Due to the drug maker's misleading statements about the side effects of Solodyn®, hundreds of individuals have sustained irreparable damages. If you or a loved one suffered from lupus, hepatitis, or vasculitis from taking Solodyn®, act now by requesting your free consultation—you may be eligible to receive financial compensation.LET'S GET STARTED