Elderly couple sue Proctor & Gamble over Actonel

Michelle Keahey Feb. 13, 2012, 2:14am

NEW ORLEANS - An elderly Louisiana man has filed a lawsuit against the manufacturer of the osteoporosis drug Actonel, claiming that the drug aggravated his vertigo.

Chester Gill, individually and on behalf of his wife Elaine Gill, filed suit against Proctor and Gamble on Jan. 30 in federal court in New Orleans.

Actonel is a bisphosphonate drug used primarily to mitigate or reverse the effects of osteoporosis, osteopenia and Paget's Disease.

Chester Gill states that he is suffering from severe dizziness aggravation of vertigo as a result of his ingestion of the drug.

The 85-year-old states that if he would have known of the complications associated with the drug, he would have tried one of several alternative, safer products available to treat his condition of osteoporosis.

Proctor & Gamble is accused of concealing the drug's unreasonably dangerous risks and for failing to conduct adequate and sufficient post-marking surveillance of Actonel.

Causes of action filed against the defendant include negligence, strict liability, breach of express and implied warranty, fraudulent misrepresentation and fraudulent concealment.

The plaintiff is seeking an award of damages for mental anguish, physical pain and suffering, permanent injury, emotional distress, medical expenses, diminished capacity for the enjoyment of life, diminished quality of life, increased risk of premature death, aggravation of preexisting conditions and activation of latent conditions, loss of wages, loss of wage earning capacity, punitive damages, loss of consortium, interest, court costs, and attorney's fees.

Gill is represented by New Orleans attorney John D. Sileo and Kevin P. Riche. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-00308

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