Pennsylvania Judge Upholds Decision to Dismiss Claims in Chantix Lawsuit
On July 10, 2008, Brian Kline, represented by his Chantix lawyer, filed a complaint against manufacturer Pfizer. Kline asserted Pfizer was responsible for the serious Chantix side effects he suffered as a result of using the smoking-cessation drug, and brought nine claims against them, including strict liability and breach of express warranty. Other patients who have suffered from Chantix depression or Chantix suicide have also sought the advice of a Chantix lawyer in an effort to recover damages.
Chantix lawyer files suit in Pennsylvania
Kline’s Chantix lawyer filed the original complaint in the U.S. District Court for the Eastern District of Pennsylvania. State law in Pennsylvania recognizes only negligence as a claim for damages against a pharmaceutical manufacturer in a case based on failure to warn. Kline’s claims of liability, breach of express warranty, and six others, therefore, were dismissed on October 31, 2008.
On November 10, 2008, the Chantix lawyer for Kline filed a motion for partial reconsideration, but that motion was recently denied.
Chantix lawyer asserts nine claims
In the complaint, Kline alleges he began using Chantix to help him stop smoking in July 2007. Similar to other plaintiffs who have claimed side effects like Chantix depression and Chantix suicide, Kline’s Chantix lawyer states that shortly after he started taking the drug, he experienced “manic behavior, aggressive and violent behavior and diagnosis of psychotic disorder for which he was hospitalized.”
Court dismisses motion to reconsider in Chantix lawsuit
Kline’s Chantix lawyer, filed a motion in November 2008 for partial reconsideration of some of his claims for damages, including fraudulent misrepresentation (Count V), and fraudulent concealment (Count VI), stating that these should not have been dismissed because his case is not limited solely to failure to warn.
As in other lawsuits claiming Chantix suicide and Chantix depression, Kline claims fraudulence related to the defendant’s design, manufacture, testing, and marketing of the drug. Judge Kelly ruled, however, that all claims were rooted in a theory of failure to warn.
According to a court memorandum, “The very basis of these claims is that Pfizer knew of the dangers associated with Chantix but fraudulently concealed this knowledge and fraudulently misrepresented that the drug was safe by failing to warn of its dangers.”
Current Chantix MDL handling Chantix suicide and Chantix depression
Other federal cases alleging Chantix suicide and Chantix depression are proceeding in the current Chantix multidistrict litigation (MDL) in the Northern District of Alabama. Since the drug’s approval by the FDA in 2006, reports of Chantix suicide and Chantix depression have continued to rise.