BROOKLYN, N.Y. (Legal Newsline) – A Levittown, New York alleges a prescription medication used to treat high blood pressure and congestive heart failure was contaminated.
Joseph Cacaccio, on behalf of himself and all others similarly situated, filed a complaint on Dec. 5 in the U.S. District Court for the Eastern District of New York against Myland Pharmaceuticals Inc.; Myland N.V. and Rite Aid Corp. alleging breach of express warranty and other counts.
According to the complaint, Cacaccio was prescribed, purchased and consumed a valsartan-containing generic prescription medication, which was manufactured by the Myland defendants and sold by Rite Aid. He alleges he learned in November from Rite Aid that the medication contained N-nitrosodiethylamine, an ingredient that has been classified as a probable human carcinogen, and that the medication was being recalled. The plaintiff alleges the medication is unfit for human consumption.
The plaintiff alleges the defendants allegedly purport through advertising, marketing and labeling to create an express warranty that the medication is of equal safety as name-brand drugs.
The plaintiff requests a trial by jury and seeks judgment for declaratory and injunctive relief, damages, prejudgment interest, attorneys' fees, expenses and costs of suit. He is represented by Scott A. Bursor of Bursor & Fisher PA in New York.
U.S. District Court for the Eastern District of New York case number 2:18-cv-06916-JMA-AYS