A St. Charles Parish resident claims he is suffering from muscle problems due to taking an antibiotic for bacterial infections and has filed a lawsuit against the manufacturer of the prescription medicine for inadequate warnings.
Michael Matherne filed suit against Bayer Healthcare Pharmaceuticals Inc., Merck Sharp & Dohme Corp. and Apotex Inc. on Aug. 31 in federal court in New Orleans.
Matherne was prescribed Cipro for a persistent cough from May 9 through May 16, 2010, the lawsuit claims. He was prescribed another round of Cipro following knee surgery from May 24 through May 30, 2010. Following use of the drug, he states he began to experience right shoulder and leg pain. He took leave from work beginning in October through December 2010. During his leave, he learned that that the drug was linked by the FDA to a potential cause of tendinitis and tendon ruptures.
According to the lawsuit, he was diagnosed with myositis, arthralgias, muscle weakness, myalgias, and a tear in his right shoulder, which will require surgery.
The defendants are accused of breach of express warranty, violations of Louisiana Products Liability Act, including unreasonably dangerous in design, construction, composition and inadequate warning, breach of warranty of redhibition, breach of implied warranty, unjust enrichment and negligence.
The plaintiff is seeking damages for physical pain, mental anguish, emotional distress, medical expenses, lost wages, loss of enjoyment of life, interest, attorney's fees and court costs.
Matherne is represented by Robert J. David, Gerald E. Meunier and M. Palmer Lambert of Gainsburgh, Benjamin, David, Meunier & Warshauer in New Orleans. A jury trial is requested.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:11-cv-02188