New York consumers name pharmacies, drug manufacturers in suit over alleged contaminated medication

By Noddy A. Fernandez | Aug 23, 2018

NEW YORK (Legal Newsline) – Two New York consumers allege medication prescribed to them was contaminated with a carcinogen.

Elizabeth Duffy and John Duffy, on behalf of themselves and all others similarly situated, filed a complaint on Aug. 16 in the U.S. District Court for the Southern District of New York against Solco Healthcare US LLC; Prinston Pharmaceutical Inc.; Walgreen Co., also known as Walgreens; and Throggs Neck Pharmacy alleging breach of express warranty and other counts.

According to the complaint, the plaintiffs were prescribed a valsartan-containing generic prescription medication for the treatment of high blood pressure and/or congestive heart failure that was either purchased or manufactured by the defendants. They allege the medication was contaminated with N-nitrosodimethylamin (NDMA), a carcinogenic and liver-damaging impurity due to manufacturing defects originating from laboratories in China.

The plaintiffs allege the medication they received from the defendants were contaminated with NDMA and was subject to a recall issued by the U.S. Food & Drug Administration in July.

The plaintiffs hold the defendants responsible they allegedly breached express warranties about the contaminated medication and their qualities.

The plaintiffs request a trial by jury and seek judgment for damages, prejudgment interest, injunctive relief, attorneys' fees, expenses and costs of suit. They are represented by Neal J. Deckant and Andrew J. Obergfell of Bursor & Fisher PA in New York.

U.S. District Court for the Southern District of New York case number 1:18-cv-07460-RJS

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Bursor & Fisher, P.A U.S. District Court for the Southern District of New York

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