A Jefferson Parish attorney is suing Bayer over its prescription drug Levitra, claiming he lost his sight as a result of the drug's side effects.
Ned J. Chiro and Brenda Chiro filed suit against Bayer AG, Glaxosmithkline PLC, Merck & Co. f/k/a Schering-Plough Corp. and Dr. Neil Baum on Feb. 16 in Jefferson Parish District Court. The defendants removed the case to federal court in New Orleans on March 16.
According to the lawsuit, Ned Chiro was prescribed Levitra on Feb. 15, 2010 and suffered a total loss of vision in both of his eyes on Feb. 16.
Levitra is used to treat erectile dysfunction.
The suit also claims Chiro's doctor was negligent for prescribing the drug for excessive nocturnal urination and occasional erectile dysfunction, despite Chiro's history of high blood pressure, high cholesterol and elevated blood sugar.
The defendant is accused of failing to warn consumers of potential adverse side effects including vision loss or impairment, breaching their obligations to consumers and failing to disclose the risks of the drugs. Chiro states the drug is defective and unreasonably dangerous due to design defects and due to insufficient testing.
Prior to losing his vision, Chiro was a licensed attorney, practicing in Louisiana. He is from Jefferson.
Chiro is seeking damages for physical pain and suffering, mental anguish, fear, worry, concern, emotional distress, loss of enjoyment of life, loss of consortium, medical expenses, interest, court costs, economic losses, including loss of the ability to engage in his trained profession, the practice of law and punitive damages.
The plaintiffs are represented by Michael G. Crow of The Crow Law Firm in New Orleans.
U.S. District Judge A. J. McNamara is assigned to the case.
Case No. 2:11-cv-00601