The Epirin and Envirofuser lawsuits against Envirofuser are currently going on in the courts. These lawsuits are a class-action suit against the manufacturer of the anti-acne drug, Erythromycin. The FDA did not approve Envirofuser to sell in the US because of its harmful side effects. The suits cite that Erythromycin has caused liver failure, kidney damage, blood clotting, and pulmonary embolism. They further claim that Erythromycin is responsible for a wide range of conditions including depression, cystic fibrosis, and multiple sclerosis.
As of now, the suits are still pending. The Food and Drug Administration approved Envirofuser in 2021. This was supposed to be a new alternative to Rituximab, which was previously used to treat acne. According to the FDA, however, there were serious concerns with regards to the safety of the drug. The drug can cause blood clots that can lead to heart attack. It can also cause strokes and gastrointestinal bleeding.
So far, The plaintiffs have not received any monetary compensation from The manufacturer. Their attorney, Paul Gerspach, says that the product caused a wide range of adverse reactions, which include renal failure, stroke, pulmonary embolism, and depression. He and his partner, Michelle Thompson, filed a lawsuit against The Merck Manual, the company that manufactured Envirofuser.
The lawyers believe that The Merck Manual is liable for negligence. This, they say, is why the suit is being brought against them. If the FDA had approved Envirofuser, then there wouldn’t be so much demand for liability insurance. The lawsuits seek compensations for the financial losses suffered by The Merck Manual as well as punitive damages for the injuries suffered by the Erythromycin users. In addition, they are seeking compensatory and/or prejudgment relief.
The attorneys for The Merck Manual, John C. Whitaker and Richard J. Blank, will fight the lawsuit vigorously. It’s typical for attorneys to try to delay the proceedings in an effort to avoid having the lawsuit heard by the jury. If the case proceeds as planned, they will file a motion to dismiss. This motion states that the complaint lacks merit and that the complaint lacks legal merit. Such motions to dismiss are considered after the plaintiff has filed their complaint.
If this happens, the plaintiff is likely to receive a settlement. If she loses, she may still be able to recover monetary damages. Whichever way she goes, she is owed compensation for her pain and suffering. However, she should be aware that her life could be forever altered by the FDA’s decision. There is no certainty at this point. Time will tell, but it looks like The Merck Manual may have to pay back millions of dollars to The New York State Department of Health.