The key allegations of a PAH/PPH Lawsuit are:
• Wyeth knew that fen phen is a dangerously defective product which posed an unacceptable risk to the consuming public.
• Wyeth failed to warn the consuming public of the risk of pulmonary, valvular and cardiovascular injury and continued to aggressively promote the product which was dangerously defective.
• Wyeth failed to exercise ordinary care in the manufacture, sale, testing, quality control and distribution of fen phen.
• Wyeth warranted that fen phen was safe for the use intended when in fact it was not.
• Wyeth intentionally withheld relevant information from the public relating to the damage fen phen could do to a patient's heart valves.
Examples of Wrongful Conduct by Wyeth:
1. Wyeth's promotional programs and materials were designed and intended to create the false impression that the use of fen phen was safe and effective method of weight loss when in fact they were unsafe. Furthemore, the use of fen phen was not effective because most patients regained the weight they had lost once they stopped taking the drugs.
2. Wyeth manipulated statistics and disseminated positive information that was fales.
3. Wyeth understated or omitted known adverse serious health effects.
4. From 1989 to 1996 Wyeth represented that there were only four cases of PPH that had been reported in associated with fen phen use when in fact the number was significantly more.
5. Wyeth failed to follow the recommendations of the FDA and their own staff to provide a highlighted "black box" warning of the PAH/PPH risk on the label of the drug resulting in millions of innocent consumers being exposed to the risk of fatal illness.
Damages that Can be Recovered for PAH/PPH Victims
PAH/PPH victims seek to recover:
• Physical pain and suffering
• Medical expenses
• Loss of earning
• Punitive Damages