June 1, 1999-Woman files product liability suit against Rezulin manufacturer

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Marsha J. Bean and her husband, Dr. John L. Bean, who was also her physician, have filed a complaint in a Missouri court alleging that the diabetes drug Rezulin caused her liver to fail, necessitating that she undergo a liver transplant.

This action is believed to be one of the first lawsuits filed against the manufacturers of Rezulin since it was disclosed last year that the drug has caused several deaths due to liver failure. The complaint alleges that the defendants, manufacturer Warner-Lambert Co. and its subsidiary, Parke Davis; drug distributor C.D. Smith Healthcare Inc.; and pharmacist Bradley Kunkle represented Rezulin as a safe and effective drug to help the body respond more effectively to insulin, while knowing the drug can cause serious and life-threatening complications. The defendants "showed complete indifference to and/or a conscious disregard for the safety of others by marketing the drug" they knew would cause severe liver d amage or even death to some of its users, the Beans charged.

Dr. Bean prescribed Rezulin as part of his wife, Marsha's, daily treatment for Type 2 diabetes. She quickly developed serious liver damage requiring a liver transplant. The Beans' complaint charges that the defendants failed to require that patients undergo precautionary liver testing prior to the initiation of Rezulin treatment, or to recommend adequate liver function monitoring.

Warner-Lambert "belatedly recommended testing of Rezulin patients' liver enzyme levels beginning after one month of use, but Mrs. Bean's injuries occurred after only two weeks of Rezulin use," the complaint said.

The complaint contends the defendants also failed to provide adequate labeling, package inserts and consumer information regarding the drug, and failed to warn members of the public or physicians that Rezulin should be administered only with extreme caution.

The complaint also states that Mrs. Bean is now a high-risk patient, susceptible to many complications as a result of the transplant. It says she will require ongoing medical care and has a diminished quality of life and reduced life expectancy. She will continue to require the services of doctors, hospitals, nurses and other health care personnel and will continue to need drugs, medicines, labora tory testing and monitoring, the complaint states. Marsha Bean "will continue to suffer from physical pain, anguish of the body and mind, anxiety, depression, emotional distress and inability to function and enjoy life, work and pleasure as she had prior to her use of the drug Rezulin and resulting injuries and damages," according to the suit.

If you or a loved one has suffered an injury as a result of taking any drug or supplement, call The Law Offices of Rosenberg, Kirby, Cahill & Stankowitz now at (732) 341-3337 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to review your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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