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Generic Lipitor Recall Class Action Lawsuit
By Kimberly Mirando
Drugmaker Ranbaxy Inc. has been hit with a class action lawsuit alleging the company’s recall of atorvastatin, its generic version of Lipitor, did not adequately warn or compensate consumers that purchased the cholesterol drug.
Ranbaxy began recalling 41 lots of tainted atorvastatin from retailers on November 9 due to concerns the cholesterol pills might contain tiny glass fragments “comparable to fine grains of sand less than one millimeter in size,” according to the company.
Lead Plaintiff Francis Fenwick alleges in the generic Lipitor recall class action lawsuit that Ranbaxy fell short on its duty to protect consumers that purchased the drug because it only involved retailers and did not notify consumers about the dangers or defects of the drug nor tell them what to do if they purchased or consumed tainted pills. Fenwick says he only learned of the Ranbaxy generic Lipitor recall from media reports. When Fenwick spoke to staff at his local pharmacy about the recall he learned it had only occurred at a retail level and that the company did not instruct pharmacies to contact their customers that purchased atorvastatin nor advised retailers what they should tell consumers about the atorvastatin recall.
The atorvastatin recall was further inadequate because it also failed to provide refunds to consumers, the class action lawsuit says.
“Defendants either knew, recklessly disregarded or reasonably should have known about the dangerous nature of its product at the time of sale of the product and thereafter,” Fenwick says in the generic Lipitor class action lawsuit. “Even when defendants announced that [their] product was tainted, there was no notice to consumers concerning the dangers or how to obtain a refund.”
Fenwick is asking the court to require Ranbaxy to recall all lots of atorvastatin and provide notice to consumers about the drug’s dangers, what to do if they took tainted pills, and how to obtain a refund. The class action lawsuit is also seeking damages for consumers that purchased the generic Lipitor from the affected lots, punitive damages, and more.
The Ranbaxy atorvastatin class action lawsuit was filed a day after the company issued a statement acknowledging the recall and telling consumers to contact their doctor if they experience problems that may be related to the drug.
No injuries have been reported and the FDA said there is only a “remote possibility” that consumers would be injured, and that any illness would be temporary.
The Ranbaxy Generic Lipitor (Atorvastatin) Recall Class Action Lawsuit case is Fenwick v. Ranbaxy Pharmaceuticals Inc. et al., Case No. 12-cv-07354, U.S. District Court for the District of New Jersey. Fenwick is represented by Barry J. Gainey of Gainey & McKenna.
Updated December 5th, 2012
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