Santa Clara, CA: - A consumer fraud class action lawsuit has been filed against Bayer Consumer Health and MSD Consumer Care over allegations they mispresented the benefits of their Dr. Scholl's custom fit orthotic inserts.
Filed by plaintiff James Kommer, individually and for all others similarly situated, the lawsuit states the "custom fit" claim is false in that the inserts are standardized, factory-manufactured inserts that do not compare to an actual custom orthotic device, which is tailored to the specific measurements of a patient's feet and is based on a detailed examination and diagnosis from an actual orthopedist or other medical professional.
The class is seking seek statutory and treble damages, injunctive relief, interests, costs and attorney fees. The plaintiffs are represented by attorneys James R. Denlea, Jeffrey I. Carton and Robert J. Berg of Denlea & Carton in White Plains, New York.
The case is U.S. District Court for the Southern District of New York Case number 1:16-CV-01560-DAB.
Bayer Consumer Fraud Class Action Orthotic Foot Car Legal Help
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Thinking that the "custom" inserts would alleviate my lower back and hip pain, I purchased a pair and it not only DID NOT alleviate the pain but made it worse, I also ended up with a tear of a tendon in my knee from the improper fitting which caused a deviation from my normal walking/running posture. I am now limping around with a splint on my knee and a shot of cortisone hoping it will heal correctly so I can go back to doing what I love.
Posted by Dianne St Clair
on
Their false advertising gave me hope that the insoles would elivate my feet & back pain. I have Multiple Sclerosis, Psoritic Athritis,... I wasted my money. A few dollars makes a big difference to someone who is on disability.
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