Ranbaxy Sued Over Generic Lipitor Recall
Ranbaxy Pharmaceuticals faces a potential class-action lawsuit filed in New Jersey court over the recalled drug atorvastatin, the generic version of the popular anti-cholesterol drug Lipitor.
The New Jersey Law Journal (subscription required) reports that the company was slapped with the lawsuit a day after it recalled its version of generic Lipitor over concerns of glass-particle contamination. The Food and Drug Administration (FDA) has since issued a public advisory regarding the recall, which involved the 10-, 20- and 40-milligram doses of tablets of atorvastatin calcium made by Ranbaxy.
Ranbaxy halted production of atorvastatin while it investigates the cause of the problem. However, the New Jersey Law Journal reports that the suit's lead plaintiff alleges that the recall did not address issues such as sending a notice of the drug’s dangers to consumers, what to do if consumers purchased the product and ingested it, or refunds.
The plaintiffs seek compensatory damages — in the amount spent on each bottle, or possibly the cost to buy a replacement bottle that is not covered by health insurance — as well as disgorgement, treble damages under the state’s Consumer Fraud Act, and attorney fees. The lawsuit seeks certification for a nationwide class of people who bought the affected bottles, or a subclass of purchasers, who are New Jersey residents, reports New Jersey Law Journal.
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