CVS Class Action Lawsuit Says Thyroid Tablets Are Worthless

CVS Pharmacy Inc. and Westminster Pharmaceuticals LLC face a class action lawsuit alleging that they sold thyroid medication tablets which contain active ingredients that the FDA has deemed unfit for human consumption.

According to the CVS class action lawsuit filed by plaintiff Kim Yachera, the U.S. Food and Drug Administration inspected the facility of a Chinese ingredient supplier in October 2017 and found that the quality and safety of levothyroxine and liothyronine, which are used in Westminster’s thyroid medications sold at CVS, are dangerous.

The FDA issued an alert regarding the issue in March 2018, stating that because the Chinese supplier, Sichuan’s, “methods, facilities, or controls for manufacturing, processing, packing or holding do not conform to [current good manufacturing practices], [Sichuan’s active pharmaceutical ingredients] are adulterated,” as defined by the Federal Food Drug & Cosmetic Act.

According to the FDA report, Sichuan lacked the scientific evidence to support their specifications and test procedures.

The company reportedly failed to conduct studies to show that the cleaning procedures implemented for their nondedicated machinery were effective enough to prevent cross-contamination.

Additionally, the company reportedly lacked a documented testing program to ensure appropriate storage instructions and expiration dates, and lacked a secure computer system to prevent unauthorized access to and manipulation of data.

These failures combined allegedly compromised the quality and safety of the active ingredients, leading the FDA to deem them adulterated and unfit for human consumption. Following the agency’s report, Westminster thyroid tablets sold by CVS were recalled on Aug. 9.

Yachera claims that she would not have purchased the thyroid medications “if she had known that they were not, in fact, properly manufactured and free from adulteration and defects.” She and other potential Class Members allegedly relied on defendant representations that the products were safe, inducing them to pay full price for the products.

“Plaintiff and the class were injured by the full purchase price of their thyroid tablets. These medications are worthless, as they are manufactured with [active pharmaceutical ingredients] that have been found to be adulterated and are not fit for human consumption,” the CVS class action claims.

The CVS thyroid class action claims that the defendants’ actions are in violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and accuses the defendants of breach of warranty, unjust enrichment, fraud, fraudulent concealment, conversion, strict product liability, gross negligence, and battery.

Yachera seeks to represent a Class of consumers who purchased generic thyroid tablets made by Westminster which were recalled on Aug. 9 due to adulterated components.

The CVS thyroid tablet class action lawsuit seeks compensatory damages, statutory damages, punitive damages, restitution, court costs, and attorneys’ fees.

Yachera is represented by Scott A. Bursor of Bursor & Fisher PA.

The CVS Thyroid Tablets Class Action Lawsuit is Yachera v. Westminster Pharmaceuticals LLC, et al., Case No. 8:18­-cv­-02463, in the U.S. District Court for the Middle District of Florida.

UPDATE: The CVS Thyroid Tablets Class Action Lawsuit was voluntarily dismissed on February 20, 2019.  Top Class Actions will let our viewers know if a new complaint is filed.