NEW YORK (Legal Newsline) – Three individuals have filed a class-action lawsuit against pharmaceutical companies over allegations prescription medication was contaminated with an alleged carcinogenic impurity.
Elizabeth Duffy, Joseph Cacaccio and Cecil Byrd, on behalf of themselves and all others similarly situated, filed a complaint on Jan. 3 in the U.S. District Court for the Southern District of New York against Aurobindo Pharma USA Inc., CVS Health Co., Rite Aid Corp. and Throggs Neck Pharmacy alleging breach of express warranty and other counts.
According to the complaint, the defendants manufactured, distributed or sold valsartan-containing generic prescription drugs used to treat high blood pressure and congestive heart failure. The plaintiffs allege the medication was contaminated with "carcinogenic and liver-damaging impurity" N-nitrosodiethylamine (NDEA).
The suit states manufacturing defects at overseas laboratories caused the contamination. The plaintiffs allege Aurobindo failed to promptly recall the medication.
The plaintiffs hold the defendants responsible because the defendants allegedly made false, misleading and deceptive statements of fact.
The plaintiffs request a trial by jury and seek judgment for compensatory, statutory and punitive damages; prejudgment interest; injunctive relief; attorneys' fees; expenses; and costs of suit. They are represented by Joseph I. Marchese of Bursor & Fisher, PA in New York.
U.S. District Court for the Southern District of New York case number 1:19-cv-00088-JPO