A Texas man has filed a Viagra lawsuit against Pfizer, the drug’s manufacturer. The lawsuit claims that using the erectile dysfunction drug led to a diagnosis of skin cancer. The lawsuit also alleges that Pfizer failed to adequately warn the public of the risks of Viagra side effects. The plaintiff in the case lays out several different legal causes of action. He is also pursuing several different forms of financial recovery from Pfizer. This Viagra melanoma lawsuit is just the latest in a growing number of claims that have been filed against Pfizer recently. All of them generally contain the same allegations.
Facts of This Viagra Lawsuit
According to the complaint that was filed in the U.S. District Court for the Southern District of New York, the plaintiff began using Viagra in April of 2011 to treat erectile dysfunction. The drug was recommended to him by his doctor. The plaintiff continued to use Viagra into 2013. In May of 2013, a biopsy of lesions on his scalp and neck led to a diagnosis of melanoma. The man underwent surgery a few days later. Since then, the plaintiff has had to closely monitor his skin and subject himself to ongoing medical supervision.
Legal Causes of Action
The plaintiff lays out several different legal causes of action in the case, including:
- Negligence
- Gross negligence
- Breach of Implied Warranty
- Breach of Express Warranty
- Fraud
- Fraudulent Misrepresentation
- Fraudulent Concealment
- Negligent Misrepresentation
- Strict Liability
- Violation of Unfair and Deceptive Trade Practices Acts and Consumer Protection Laws
Types of Recovery Sought
The plaintiff goes on to state that he is pursuing several different forms of recovery from Pfizer, including:
- General compensatory damages
- Past and future medical expenses
- Past and future rehabilitation and/or home health care costs
- Lost income
- Permanent disability
- Pain and suffering
- Attorneys’ fees and court costs
- Punitive damages
Punitive damages are sought by plaintiffs in lawsuits when they feel that the conduct of the defendants was particularly egregious in some manner. In this case, the plaintiff alleges that Pfizer exhibited a complete disregard and reckless indifference for the safety and welfare of the general public. Punitive damages are not tied to any direct form of loss. Instead, they are awarded as a form of ‘punishment’ or deterrence to future defendants who may consider engaging in similar harmful conduct.
Viagra Lawsuits and Your Legal Rights
As stated above, this is only the latest in a growing number of Viagra lawsuits that allege that using the drug led to diagnoses of skin cancer. It is expected that a company as large as Pfizer will vigorously defend itself against these allegations. That means that consumers who believe that they have been harmed in this manner need to seek the appropriate legal help before asserting their legal rights. If this includes you or someone you love, contact the Viagra skin cancer lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.
