Holtsville, NYFerring Pharmaceuticals, maker of Bravelle fertility drug, faces a class-action lawsuit alleging its drug was weaker than patients believed. The lawsuit alleges the ineffective drug prevented couples from becoming pregnant and drained their finances, making it impossible to afford another round of fertility treatments. Lawsuits have been filed in the United States and Canada by couples who allege the recalled Bravelle affected their hopes of having a baby.
One lawsuit was filed in New York, by a couple that claimed they spent between $20,000 and $30,000 on in vitro fertilization (IVF), including Bravelle injections. The New York Post (4/24/16) reports Angela and Daniel Lauruska filed the lawsuit after the fertility treatments failed to work due to a decrease in potency. The couple claims they cannot afford another round of fertility treatments.
The plaintiffs allege Ferring did not take adequate steps to ensure its drug was as potent as required for its intended use. Among the claims made against Ferring Pharmaceuticals are breach of express and implied warranties, and unjust enrichment.
According to CTV News (2/16/16), Amanda and Joep Olthuis filed a class-action lawsuit in Canada against Ferring, after Amanda failed to become pregnant after using Bravelle. The couple reportedly saved for two years to afford the IVF treatment, which cost around $14,000.
Bravelle (known generically as urofollitropin) is used to stimulate a woman’s ovaries to produce more eggs, and is used as part of IVF. In October 2015, Ferring announced a recall of certain lots of Bravelle after discovering they did not maintain their potency as long as expected. That reduced potency could result in women not becoming pregnant through the IVF treatment.
Ferring offered to refund the cost of the drug itself, but at $2,500 that does not come close to touching the amount the couple spent on the full IVF treatment, which was reportedly less likely to work because of the decreased drug potency. Amanda and Joep filed the lawsuit saying they would not have done the entire IVF cycle if they had known about problems with the drug. The family also says they should be compensated for out-of-pocket costs linked to the failed IVF, such as travel expenses.
The US lawsuit is case number 2:16-cv-01857, in the US District Court for the Eastern District of New York.
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