An antifungal and antibiotic medication that is prescribed to millions of women to prevent vaginal yeast infections has caused a new type of lawsuit. A lawsuit against Bristol-Myers Squibb, the company that produces the medication, claims that the drug causes uterine fibroid tumors. The drug is marketed under various names, including Enlist, Actonel and Femstat. It is often taken to prevent vaginal thrush and pelvic pain associated with it.
If you have read any of the medical journals or magazines that deal with this issue, you know that many women are very frustrated with having recurring yeast infections.
One common reason for these infections is the use of prescription medications such as pantoprazole and other antibiotics. Many women are also embarrassed by recurring infections because of the unsightly appearance of vaginal discharge. This is one of the reasons that the lawsuit has been brought about.
There are two lawsuits in the works that center on this subject.
One case was brought against Bristol-Myers Squibb by a woman who is owed a whopping $2.75 million due to a condition known as endometriosis. The woman, identified as Jane Doe, claims that the drug’s use caused her to have an infection in her brain and spinal cord. The spinal cord infection left her with severe pain. She is suing the drug manufacturer under the Federal Employers’ Liability Act for injuries she claims to have received as a result of the drug’s use. A hearing date has been set for later this year.
Another case involves an employee whose job was to clean the bathroom of a drug manufacturer’s research facility.
The woman who was employed there became addicted to the drug and began going in and out of the restroom during work hours. Other employees reported that they noticed her falling asleep in the middle of the night. Eventually, her death was attributed to toxic levels of the drugs in her body.
Both of the above cases are being handled by the same law firm.
The attorney general of Massachusetts is overseeing the Bristol Myers lawsuit as well as the Doe v. Glick lawsuit. In both cases, the manufacturers named in the lawsuits have denied liability and said that they will not pursue the lawsuits. In a recent interview with CBS News anchor John Dickerson, a representative from the drug company asked the media outlet to refrain from asking about the lawsuit. He cited the fact that the case is in the discovery stage and that it is unknown what the final results will be.
This statement is both accurate and worrying. Discovery in a litigation case is the time in which a party seeks to prove its legal position. As a plaintiff’s attorney, I can tell you that there is a strong likelihood that the manufacturer may settle the case without having to go to court. Why would they do so? Settling cases involving drug negligence can save the company money, while also avoiding the expense of a trial. This means that either the drug maker will avoid a potentially costly settlement or the victim’s attorney will be forced to seek court action.
This is obviously a bad situation for victims and their families.
It is important to remember that the Food and Drug Administration is not an advocate for these drugs. They are aware of the many deaths and illnesses that have resulted from these drugs. While the FDA cannot police the manufacturer’s conduct, they can ban the product if evidence shows they are dangerous. That is their main function anyway.
This is why victims of drug negligence need to contact qualified attorneys who have experience winning these type of lawsuits. When fighting this type of case, it is important to get access to competent counsel with experience in handling similar cases. This will ensure that you get the representation you deserve and that your lawsuit proceeds are fairly resolved. You do not want to spend time and money fighting this lawsuit while shrugging responsibility to those responsible for your injuries. There is no reason for you to take this chance.