Philadelphia, PA, September 28, 2016. Judge Amy St.
Eve of the United States District Court for the Northern District
of Illinois issued a 31 page ruling yesterday permitting a
nationwide class action lawsuit to proceed against Ferring
Pharmaceuticals, Inc. related to the manufacture and sale of its
fertility drug, Bravelle. The lawsuit contends that over an 18
month period Ferring knew or had reason to know that Bravelle was
sub-potent and could not deliver on its promised benefits. The
plaintiffs allege that Ferring violated express and implied
warranties, state consumer protection laws, and engaged in
deceptive business practices.
Bravelle is a brand name version of the generic drug
urofollitropin designed to stimulate egg maturation and multiple
follicular development in women. Bravelle is commonly used in
assisted reproductive technology including in vitro
fertilization and other fertility treatments.
The six plaintiffs allege that in October 2015, Ferring recalled
all Bravelle it sold in the U.S. between March 2014 and October
2015 after internal testing revealed that certain lots did not meet
potency specifications. The plaintiffs contend that Ferring failed
to take appropriate steps to ensure the recalled Bravelle was
effective before selling it, and that it would deliver the
therapeutic dosage necessary to achieve the reproductive benefits
as claimed on the product's Patient Information insert.
On April 22, 2016, Ferring moved to dismiss the plaintiffs'
Complaint, but the Court yesterday held the case could proceed,
ruling the plaintiffs "have plausibly alleged that all of the
Recalled Lots were sub-potent or had the potential to be
sub-potent" and that the plaintiffs' allegations "raise a
reasonable inference that Defendant knew about the sub-potency
issues well before October 2015."
Ferring has instituted a program where patients can seek
reimbursement of the purchase price of the recalled Bravelle but
the program does not provide full compensation to affected
consumers. To date, Ferring has refused to pay for any costs
related to the fertility treatments where recalled Bravelle was
used. The class action lawsuit seeks damages for all out-of-pocket
money spent by women and families to purchase Bravelle, the
payments they made to medical providers for fertility treatments
utilizing Bravelle, and all associated costs. The lawsuit is
brought on behalf of all persons in the United States who purchased
"We know even at this early stage that Ferring's own testing
revealed the sub-potency issues with Bravelle," said Shanon Carson
of Berger & Montague, P.C., one of two Court-appointed Co-Lead
Counsel for the plaintiffs. "The cost of Bravelle is just a
fraction of the overall costs of fertility treatments which are
often not fully covered by health insurance, and therefore are
borne by the families themselves. Imagine shouldering such costs,
which often run into the tens of thousands of dollars, and
undergoing the intense stress of IVF or IUI, only to find out the
drug you relied on may not have been effective."
Katrina Carroll of Lite DePalma Greenberg, LLC, also Co-Lead
Counsel for plaintiffs, stated, "we believe we are going to be able
to demonstrate serious deficiencies in the manufacturing process
for this drug which has led to its removal from the market, and
that Ferring was aware of those deficiencies before it announced
the recall. Had Ferring taken earlier steps, many of our clients
who could not afford multiple rounds of IVF could have used another
fertility drug or opted against this procedure altogether. We look
forward to litigating this case on behalf of these women and their
families." More information about this case, Keith, et al. v.
Ferring Pharmaceuticals, Inc., No. 1:15-cv-10381 (N.D.
Ill.), is available at www.bergermontague.com/bravelle-case.
The national class action law firm, Berger & Montague, P.C.,
has offices in Philadelphia and Minneapolis, and consists of 70
attorneys who represent plaintiffs in complex and class action
litigation. The firm's attorneys have a long history of
successfully prosecuting consumer protection and defective product
cases, and the firm has played lead roles in major cases for almost
50 years, recovering many billions of dollars for its clients and
the classes they represent. On the Web: www.bergermontague.com. Affected women and families
can contact Shanon Carson at firstname.lastname@example.org or (215)
Lite DePalma Greenberg, LLC has offices in Newark and Chicago,
and has extensive litigation experience in state and federal courts
in complex class action litigation across a wide range of areas
including consumer fraud and products liability. The firm has
recovered more than $1 billion for aggrieved consumers. On the Web:
Affected woman and families can contact Katrina Carroll at email@example.com or (312) 750-1265.
Berger & Montague, P.C.
Lite DePalma Greenberg, LLC
1622 Locust Street
211 W. Wacker Drive, Suite
Philadelphia, PA 19103
Chicago, Illinois 60606
Telephone: (215) 875-4693
Telephone: (312) 750-1265
Email: firstname.lastname@example.org Email:
Web: www.bergermontague.com Web: www.litedepalma.com