2002 - The United States Court of Appeals, 5th Circuit in Texas has dismissed the class action lawsuit concerning the recalled drug Duract.
The Court's order stated the plaintiffs lacked the standing necessary to maintain the action at all. The Court found that one of the elements of standing was missing "injury in fact," as the plaintiffs failed to establish that they were among those who suffered any injury from the allegedly defective drug. The court found plaintiffs' alleged economic injury in the form of the lost purchase price for the drug to be non-existent because, as to the class, plaintiffs "paid for an effective painkiller, and…received just that - the benefit of [their] bargain."
Individual lawsuits as to injuries received from taking Duract will still be allowed.
Duract has been linked to severe liver damage and even death in those who used it for longer than 10 days at a time.
If you or a loved one has suffered an injury as a result of taking any drug or supplement, call Littman & Babiarz, Attorneys at Law now at 607-277-7527 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to review your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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