Viberzi (eluxadoline) is an Irritable Bowel Syndrome with Diarrhea (IBS-D) medication. The U.S. Food and Drug Administration announced in 2017 that Viberzi patients without a gallbladder face an increased risk of serious pancreatitis which can lead to hospitalization or death. Viberzi lawsuits contend that Viberzi’s manufacturer Allergan can be held liable for pancreatitis caused by Viberzi because they failed to warn doctors and patients about the pancreatitis risk. You may be eligible for financial compensation in a Viberzi lawsuit if you or a loved one was diagnosed with pancreatitis after taking Viberzi, so call us today at 1-800-718-4658 for a free consultation. We only charge clients a percentage of their recovery if we obtain a recovery for them and we don’t charge clients if we don’t obtain a recovery so you will never owe us any money for our services.
Breakdown Of A Viberzi Lawsuit
Viberzi lawsuits pursue several causes of action, including:
Strict liability – failure to warn: Lawsuits argue that Allergan should have known and warned of the drug’s pancreatitis risk, but failed to because of improperly designed and executed clinical trials. These trials, lawsuits argue, would have detected numerous pancreatitis patients if they involved adequate biochemical or radiological testing.
Strict liability – defective design: Lawsuits contend that Viberzi was defective in design and formulation because its risks exceeded its benefits, it was unreasonably dangerous, it was more dangerous than an ordinary consumer would expect and it was inherently unsafe when manufactured and used properly.
Strict liability – negligence: Lawsuits claim that Allergan was negligent for:
- Inadequately testing Viberzi
- Concealing, suppressing, omitting and/or misrepresenting test results and Viberzi’s risks
- Failing to warn about the link with pancreatitis as soon as they knew or should have known about it
- Failing to put a contraindication on Viberzi’s label regarding patients without gallbladders
- Promoting Viberzi while concealing and suppressing its risks
- Claiming Viberzi was safe when it was actually unsafe in patients without gallbladders
- Failing to conduct adequate post-marketing surveillance regarding Viberzi’s safety, comply with FDA regulations or perform adequate pharmacovigilance
Negligent misrepresentation: Lawsuits argue that Allergan negligently misrepresented Viberzi’s safety by claiming it was safe and effective in all IBS-D patients when it was not.
Breach of express warranty: Lawsuits contend Viberzi expressly warranted that Viberzi was safe for all IBS-D patients when it was not.
Breach of implied warranty of merchantability: Lawsuits claim that Viberzi was not of merchantable quality as warranted by Allergan because it was unsafe for patients without gallbladders.
Breach of implied warranty of fitness for a particular purpose: Lawsuits argue that Viberzi was warranted as safe for the particular purpose of treating all IBS-D patients when it was not.
Punitive damages: Lawsuits contend punitive damages are warranted because Allergan maliciously and willfully concealed knowledge of Viberzi’s defects from the public.
Plaintiffs in Viberzi lawsuits can collect damages for many things, including:
- Past and future medical bills
- Past and future loss of wages
- Past and future loss of earning capacity
- Past and future loss of one’s enjoyment of life
- Past and future pain and suffering
- Punitive damages, when warranted
We are the dangerous drug experts, having handled dangerous drug cases since 1990. Our battle-tested attorneys can obtain you the largest possible recovery if you or a loved one was diagnosed with pancreatitis after taking Viberzi, and we can do it without charging you even a penny out of pocket. Call us today at 1-800-718-4658, chat with our live chat, email us at firstname.lastname@example.org or fill out the free case review form.