An Arkansas man has filed a Cialis and melanoma lawsuit, alleging he could have avoided developing skin cancer if he had been properly warned.
Plaintiff Kenneth P. filed this Cialis and melanoma lawsuit on Feb. 12 in a federal court in California. He alleges that Eli Lilly and Co., makers and distributors of Cialis, omitted any mention of data linking increased risk of the deadly skin cancer with the erectile dysfunction medication in its aggressive advertising campaigns promising treatment for erectile dysfunction.
Melanoma, as opposed to basal or squamous skin cell cancer, is one of the most aggressive and difficult to treat. Close to 10,000 people a year die of melanoma.
The History of Cialis and Studies Linking Melanoma Risk
According to the facts narrative in the long form complaint of the Cialis and melanoma lawsuit, Cialis was approved by the U.S. Food and Drug Administration (FDA) in 2003.
As measured towards the conclusion of 2014, the drug’s popularity had grown to such as degree that about 45 million men have reported taking the medication for their erectile dysfunction.
The Cialis and melanoma lawsuit also states that Cialis had recorded sales in 2013 of over $2 billion. Despite its market value, most men are unaware of the studies linking the start of melanoma or its aggravation with the drug’s mechanism of action.
According to the data in the Cialis and melanoma lawsuit, the mechanism of the drug’s action is to inhibit an enzyme known as PDE5 in the body. The inhibition of this enzyme positively affects the ability to get and maintain an erection. But it has also been linked through studies published in 2011, 2012, 2014 and 2016 to “cell mutation cultivating melanomagenesis, or the creation of melanocytes which develop into melanoma”.
The Plaintiff’s Story
Kenneth P. took Cialis for erectile dysfunction between Feb. 15, 2011 and Aug. 31, 2016. He was first diagnosed with melanoma on Oct. 1, 2013 and after some remission was again diagnosed on Nov. 8, 2017.
He claims that the disease was a direct consequence of taking Cialis and that Eli Lilly and Co. either knew or should have known of the increased risk through their safety testing.
The plaintiff through his Cialis and melanoma lawsuit joined multidistrict litigation (MDL) No.2691, In re: Viagra and Cialis Products Liability Litigation, which has been set up in the Northern District of California for federal court streamlining.
Kenneth P. is bringing the following counts of the long form complaint against the defendant:
Negligence; Gross Negligence; Negligence Per Se; Unfair and Deceptive Trade Practices: Unfairness; Unfair and Deceptive Trade Practices: Fraud; Unfair and Deceptive Trade Practices: Unlawfulness; Strict Liability: Defective Design; and Strict Liability: Failure to Warn.
Also included are these claims:
Failure to Test; Breach of Express Warranty; Breach of Implied Warranty; Fraudulent Misrepresentation and Concealment; Negligent Misrepresentation and Concealment; Fraud and Deceit; Willful, Wanton, and Malicious Conduct; Unjust Enrichment; and Punitive Damages.
The plaintiff is asking for a trial by jury with an award of compensatory, consequential, general, statutory, and punitive damages forthcoming. He hopes for consideration to be included for his attorney and court fees, and other incidental costs.
The Cialis and Melanoma Lawsuit is Case No. 3:16-md-02691-RS in U.S. District Court for the Northern District of California, San Francisco Division.
If you or a loved one were diagnosed with melanoma after using Viagra, Cialis or Levitra, you may have a legal claim. Personal injury lawyers are helping victims and their families pursue compensation for their injuries. If you have a case, you could be able to recover your medical expenses, lost wages, pain and suffering, and more.
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