Other Lawsuits

In addition to product liability cases brought by injured patients and their families, manufacturers may be subject to other types of lawsuits by shareholder, competitors, and federal and state governments.

Types of Other Lawsuits

  1. Antitrust Actions: Purchasers of drugs (including individuals, health insurers, employee benefit plans, and other third-party payers) may allege delay in the launch of generic versions in violation of federal antitrust and consumer protections laws as a result of the company fraudulently obtaining, improperly listing, and improperly enforcing patents for a brand-name drug.
  2. Off Label Promotion Action: shareholders may bring a class action against the company and its officers alleging that they violated federal securities laws by making or causing the company to make false statements about a product, and by failing to disclose or cause Pfizer to fail to disclose material information concerning the off-label promotion of certain drugs and payments to physicians, pharmacists, or other healthcare workers to prompt the sale of those products.
  3. Foreign Corrupt Practices Act: shareholders may bring an action against the company and its officers and directors alleging that they breached their fiduciary duties to the company as a result of inadequate oversight of compliance by the company is various countries outside of the U.S. with the U.S. Foreign Corrupt Practices Act.
  4. Whistleblower Action: former employees may file "whistleblower" actions alleging conduct by the corporation that violates federal or state law (e.g. "off-label" promotion) and/or wrongful termination.  The employee may seeking damages, civil penalties, reinstatement of employment, and/or reimbursement for purchases of the drug.

Read More:
Product Safety and the FDA 
Product Recalls
Product Liability Lawsuits

Questions for a Lawyer

If you have any questions about any potential claims your family may have or are interested in finding out about the existence of litigation pending for a particular drug, medical device, or other product, contact us and we will connect you with a qualified professional.  
If you have experienced adverse events or side effects from a defective drug, blood product, biologic or medical device find help here.
Statutes of Limitations limit the time period that plaintiffs have to file a legal claim.  These time limits vary from state to state, but generally range from 2-6 years.  In product liability cases, the statute of limitations usually begins when the injury occurs, but in some cases may not start until the affected person discovers, or should have discovered, that the product caused their injury.