Infertility is an occurrence that happens in both males and females. Generally, it means that a couple has attempted to get pregnant through frequent unprotected intercourse for at least a year and has been unsuccessful. For women, treatments for infertility may include in-vitro fertilization, intrauterine insemination, intracytoplasmic sperm injection, gonadotropin prescriptions and other infertility treatments. One example of a drug used by women to treat infertility is Bravelle. Manufactured by Ferring Pharmaceuticals, Bravelle is an injectable prescription medicine sold to women who are able to ovulate yet are unable to fully develop their own follicles. Follicles are essential to conceiving because they have the potential of releasing an egg cell during ovulation required for fertilization. Bravelle is intended to work by injecting a follicle-stimulating hormone into the body to help the ovaries produce eggs. Many women who took the product complained that they were unable to conceive even after using the product multiple times. These complaints lead to Ferring Pharmaceuticals initiating a voluntary class 2 recall of the drug. The Food and Drug Administration states that Bravelle is a sub-potent drug, meaning that Bravelle was found to not contain the required active ingredients to help a woman become pregnant.
Following the recall of Bravelle that took place on October 2015, Ferring agreed to compensate women for the cost of the medication only. Many women allege that a mere refund of the cost of the medication is insufficient to cover all expenses of the treatment. These women also allege that the medication made them spend thousands and even tens of thousands on a sub-potent ineffective medication that failed to help them conceive. Furthermore, there are allegations that this ineffective medication exposed women to unnecessary health risks. In some situations, these women were made vulnerable to Ovarian Hyper-Stimulation Syndrome which is a potentially deadly condition causing swelling of the ovaries.
Manufacturers have a duty to warn consumers of any defects associated with their product. In this case, Ferring may be held liable for any marketing defects associated with its drug. Under a theory of strict liability, a manufacturer may be held liable if the product was defective leaving the control of the manufacturer and the defect caused injury. A powerful statement to be made relating to Bravelle is that if these women were consuming a drug that did not contain enough of an active ingredient to help them conceive, then they should not have been exposed to any unwarranted health-threats.
At a bare-minimum, consumers of Bravelle that did not see the intended results of the drug should seek a refund on the costs of purchasing the medication. Furthermore, women should seek recovery for a complete compensation of all associated costs including medical-related expenses, treatment expenses, out-of-pocket expenses, mental anguish, frustration and pain & suffering.
At Moll Law Group, we understand that you may be concerned about whether or not you have a viable claim to pursue. At the very least, we will review the facts of your claim and inform you of our opinions of the claim. This is done at no cost to you.
If you or someone you know consumed Bravelle from March 27, 2014 through October 06, 2015, contact us for a quick evaluation. The pharmaceutical attorneys at Moll Law Group are dedicated to helping individuals obtain a thorough evaluation of their claims and will help pursue any recovery owed.
We are currently accepting claims from consumers in all 50 states including Florida, New York, Arizona, California, Maryland, Texas and Illinois. Call us at 312.462.1700 or via our online consultation form for a free evaluation.