Reply to WTF? Ferring Pharmaceuticals Letter

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Surprisingly poor service, considering they are doing this so we won't sure them.[/quote]

Dear god, for the eleventh time, you cannot sue them. The laws in this country protect big pharma. Unless you suffered actual bodily harm from using their meds, you cannot sue. [/quote]

Calm down.

A failed (and later repeated) or even an extended cycle means damages beyond the cost of Bravelle, in terms of other drugs purchased, extra lab expenses etc.  It is especially glaring that for women who had their cycles extended or repeated (because Bravelle was under-strength), they had to buy more Bravelle AND more Menopur (both from ferring) but only the Bravelle costs are being refunded.

There are lots of causes of action that would seem to support these damages, without actual bodily harm. How about a warranty case seeking consequential damages? Unjust enrichment for the extra menopur they got to sell? And why not state consumer fraud statutes?  I'm not saying these are easy cases to win, but they are out there. [/quote]

Yes, there's always a basis to sue, and someone always will.  See here: http://www.law360.com/articles/714717/ferring-s-muted-fertility-drug-recall-falls-within-fda-rules.  There are firms lining up plaintiffs now (though that doesn't mean a suit will materialize).  That doesn't mean it's a winning basis, but class actions are funny beasts (and also rarely result in meaningful settlements for individuals while taking years to get there) - they cost a lot to litigate if they're not dismissed (often they cost a lot to get dismissed too), and so settlements happen even if jury judgment might not because ultimately the cost is less (you that useless coupon you get for the product you'd now never touch costs way less than the cost for your failed IVF cycle or potential compensation for side effects).  (Again, still don't think it's the solution some people think it is - YEARS to wind its way through the system, to potential settlement, settlement unlikely to make people happy, even if you file individually you may get lumped into the class-action when the court is dealing with it and thus be on their time line, not convinced any legal outcome would be better than the refund checks people are getting now, particularly when you look at the present versus future value of money - just saying as PP said there are absolutely legal bases for law suits).[/quote]

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