Consumers are forced to rely on drug makers to be truthful in how they represent their products. Zigler Law Group attorneys have successfully represented consumers when drug companies misrepresented the safety or effectiveness of their products.
Prather v. Pfizer Inc.
Pfizer marketed its anti-diabetes drug Rezulin as a “breakthrough” that was as “safe as a placebo.” But over the course of the three years Rezulin was on the market, many people died and many more were seriously injured as a result of its use. Because of the harmful effects of Rezulin, thousands of personal injury cases and 50 class action cases were filed. Of the class actions, only this one—alleging unfair business practices under the New Jersey Consumer Fraud Act—lead to any recovery.
The settlement established a $60 million fund to pay 85% of plaintiffs’ out-of-pocket expenses for Rezulin and an additional $20 million cy pres award to finance diabetes research.
This settlement was used on the floor of the Senate as an example of why state-court class actions serve the public good. See 150 Cong. Rec. 92, S7714-17 (July 7, 2004 statement of Sen. Durbin); 151 Cong. Rec. 12, S1082-85 (February 8, 2005 statement of Sen. Durbin).