Plaintiffs who filed this Oxbryta class action lawsuit argue that Pfizer failed to provide adequate warnings about potential side effects users may face, and targeted underserved communities before the Oxbryta recall, indicating that data has linked the drug to an increase in vaso-occlusive crises for years.
Vaso-occlusive crises (VOC) occur when the red blood cells block blood flow, and the tissues become deprived of oxygen. This can cause an inflammatory response, which can lead to symptoms like pain in the chest, back and limbs, as well as fever. Patients often have to be hospitalized and can suffer kidney failure and stroke. Additionally, many patients can suffer death following a vaso-occlusive event.
None of the plaintiffs named in this class action complaint claim that they suffered physical injuries due to Oxbryta, but argue that neither they nor others would have purchased the expensive drug if they had been informed about the true health risks.
“For purposes of inducing consumers to purchase Oxbryta, Defendants: (a) affirmatively misrepresented the most important and material facts directly to consumers regarding the safety of Oxbryta; and/or (b) misbranded Oxbryta; and/or (c) fraudulently concealed from and/or failed to disclose to consumers material facts regarding the safety of Oxbryta,” the lawsuit states. “Federal law requires Defendants to ensure that their drug labels remain accurate, and when new scientific information renders their labels inaccurate, federal law requires Defendants to act. Failure to do so renders Oxbryta misbranded.”
The lawsuit presents claims of breach of warranty, violation of the Magnuson-Moss Act, common law fraud, unjust enrichment, and violations of fair trade and consumer fraud laws in Georgia, Indiana and Illinois.