Pfizer's Chance for a Class Certification Goes Slim
Date: January 22, 2006
Pfizer, the manufacturer of the erectile dysfunction drug Viagra is likely to lose a class-action lawsuit that was filed way back in August last year by Robert Troutman in a Fort Wayne court, according to a recent report.
Robert Troutman filed the law suit alleging that the intake of Viagra was responsible for his loss of vision in the left eye. The case was certified as a class action as there were many records and cases relating to vision loss due to consumption of Viagra. He was named as the lead party in the case. The certification means that if Robert wins the case against Pfizer, the damages paid by the company would have to be shared between all the people that have vision loss due to Viagra, who wish to be a part of the class.
The case took a sudden turn as Robert expired before the case could be determined. J. Michael. Loomis, the attorney representing Robert has filed paperwork seeking that the class certification be withdrawn as his wife has been made the personal representative. He stated that a personal representative cannot be allowed to lead a class lawsuit.
Robert Troutman's estate records identified his wife as the personal representative. This will enforce Pfizer to withdraw the class certification and the financial damages will go only to Robert's wife through his estate. An earlier case of the daughter of a 49 year old woman shot dead in Fort Wayne becoming the personal representative would act against Pfizer's chance for a class certification.
Source: The Journal Gazette |