A man in New York has filed a Viagra melanoma lawsuit against Pfizer, the manufacturer of the drug. The lawsuit was filed in federal court in New York. The plaintiff alleges that Pfizer knowingly withheld warnings regarding the potential link between Viagra use and skin cancer. This Viagra lawsuit joins a growing list of claims that have been filed against Pfizer by consumers across the United States recently. The plaintiff lays out several legal causes of action and he is seeking the recovery of several different types of damages.
Factual Background of the Case
According to the complaint that was filed to initiate the case, a link to which can be found here, the plaintiff began experiencing erectile dysfunction in 2002. At that point, he was prescribed Viagra by his doctor. After several years of using Viagra, the man developed lesions on his skin. In 2011, he was diagnosed with melanoma and had the lesions surgically removed. As a result of this occurrence, the plaintiff claims that he must now remain constantly vigilant for any signs of melanoma in the future in order to avoid serious danger.
Legal Causes of Action Stated
As mentioned above, the plaintiff lays out several legal causes of action in this Viagra lawsuit. These causes of action include:
- Negligence
- Gross negligence
- Breach of implied warranty
- Breach of express warranty
- Fraud
- Fraudulent misrepresentation
- Fraudulent concealment
- Negligent misrepresentation
- Strict liability
- Violation of consumer protection laws
Each of these causes of action represents a theory or an allegation that shows why the plaintiff believes that Pfizer should be held liable for the damages he has suffered.
Types of Damages Sought
The plaintiff seeks several different forms of damages from Pfizer, including:
- Compensatory damages
- Special damages for pain and suffering
- Double or triple damages allowed by law
- Attorneys’ fees and litigation costs
- Pre-judgment and post-judgment interest
- Punitive damages
Of particular note with this Viagra melanoma lawsuit is that the plaintiff is seeking punitive damages. Unlike most other forms of damages, punitive damages are not tied directly to a tangible form of loss. Instead, punitive damages are sought and awarded to plaintiffs when it’s decided that a defendant acted with a level of malice such that the defendant should be punished.
The Realities of Taking on Pharmaceutical Companies
Consumers who have been injured as a result of taking prescription medications face a difficult situation. Not only are they injured and suffering, but they also must act quickly to defend their legal rights. Those consumers who act alone soon realize that these enormous corporations have teams of talented attorneys working for them who are working to protect their clients, as is their right. If you or someone you love has been harmed as a result of using this medication, contact the Viagra melanoma lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.