Companies face lawsuits over drug products; FDA approves OTC Narcan, infant RSV vaccine

Drug lawsuits, settlements, approvals overview: 

• Who: There have been several drug product-related lawsuits and settlements involving Eli Lilly, Amazon, EzriRx, CVS, Ricola and Indivior recently. 
• Why: The lawsuits and settlements involve claims of false advertising, a man’s death, antitrust violations and a woman who had her eyeball surgically removed after contracting a bacterial infection. 
• Where: The drug lawsuits affect consumers nationwide. 

There have been a number of drug product-related lawsuits and settlements recently. The cases involve claims of false advertising, a death, antitrust violations and eyeball removal.

The U.S. Food and Drug Administration also made headlines for approving an over-the-counter version of opioid overdose reversal drug Narcan and a vaccine that can be administered during pregnancy to prevent infant respiratory syncytial virus. 

Eli Lilly, others, responsible for man’s death after taking prescription testosterone, lawsuit claims

A group of pharmaceutical companies, a health care company and a pair of Washington-based doctors are responsible for the heart attack death of a 39-year-old man who consumed prescription testosterone replacement products, a lawsuit claims. 

The husband and estate of Adam L. Palazzo argue he took the prescription testosterone replacement products for 12 years without knowing their potentially dangerous effect on cardiovascular health in men.

Eli Lilly and Company, AbbVie Inc., Abbott Laboratories, Perrigo Company, The Polyclinic PLLC and Washington-based doctors Dr. Kenneth M. Gross and Dr. Robert M. Cassman are named in the complaint. 

Palazzo allegedly took the testosterone medication Axiron , which Eli Lilly manufactured and sold, a generic version of Axiron made and sold by Perrigo and the drug AndroGel, which AbbVie Inc. and Abbott Laboratories manufacture and sell. 

The Polyclinic and the two Washington-based doctors are accused of committing medical malpractice by allegedly prescribing the testosterone replacement therapy drugs to Palazzo prior to his death. 

Woman alleges eyeball had to be surgically removed after she used EzriCare Artificial Tears 

A woman who had to have one of her eyeballs surgically removed after using EzriCare Artificial Tears filed a lawsuit last month against Global Pharma Healthcare Private Ltd., Ezricare LLC, EzriRx LLC, Aru Pharma Inc. and Amazon.com Inc. 

The woman argues she contracted a bacterial infection after using EzriCare Artificial Tears purchased on amazon.com that the U.S. Centers for Disease Control and Prevention linked to pseudomonas aeruginosa bacteria. 

Eighty-one individuals claimed to be infected with pseudomonas aeruginosa bacteria after using the EzriCare Artificial Tears product, according to the lawsuit, which claimed at least four needed to have their eyeballs removed. 

Ricola falsely advertised menthol Nasal Care lozenges, class action says

A consumer filed a class action lawsuit against Ricola USA earlier this month, arguing the company falsely advertises its Ricola menthol Nasal Care lozenges are able to relieve nasal symptoms. 

The consumer claims the Ricola menthol Nasal Care lozenges do not actually work as a nasal decongestant and are not “max strength” as allegedly advertised. 

“Consumers viewing the label will expect the Product to reduce symptoms of nasal issues, such as congestion and stuffiness,” the Ricola class action states. 

CVS to pay $3.8M to end claims it falsely advertised lidocaine products as ‘maximum strength’

In recent drug-related settlement news, CVS agreed to pay $3.8 million to end claims the company falsely advertised its lidocaine products as “maximum strength.” 

The settlement will benefit a class of consumers who purchased CVS-brand lidocaine patches, creams, roll-ons and spray products marketed as “maximum strength.” 

Individuals who want to make a claim to join the class action settlement must submit a valid claim form by Nov. 20, 2023. 

Indivior to pay $30M to resolve claims it worked to raise Suboxone price

Pharmaceutical company Indivior agreed to pay $30 million in August to resolve claims it plotted with other companies to raise the price of the opioid addiction treatment Suboxone, along with its generic alternatives. 

The settlement will benefit a class of individuals and entities who indirectly purchased or paid for Suboxone and its AB-rated generic equivalents for themselves or various others from Dec. 22, 2011, to Aug. 21, 2023. 

The settlement agreement ended litigation spanning more than 10 years and included claims that Indivior violated state antitrust and consumer protection statutes with its alleged “fraudulent scheme” to monopolize the market for Suboxone. 

Individuals who want to make a claim to join the settlement must submit a valid claim form by Feb. 17, 2024. 

Have you been impacted by a recent drug product-related lawsuit or settlement? Let us know in the comments! 

Read About More Class Action Lawsuits & Class Action Settlements:

• Lotrimin, Tinactin spray products contain high levels of benzene, class action claims
• Sudafed PE class action claims medication ineffective following FDA analysis
• Cold, allergy meds containing phenylephrine ineffective in pill form, FDA panel says
• Opioid sales fell by half from 2010-2019, DEA data shows