After spending years in litigation, involving multiple lawsuits filed by a variety of parties, the class action lawsuit filed on February 21, 2012, seeking compensation for men suffering from vision problems after taking Viagra has been amended to include a negotiated settlement. What exactly happened and what will this new status quo mean for people who took the drug? Let’s take a closer look.
Key Facts
The original complaint was filed by attorneys representing a class of men who took Viagra and have been diagnosed with vision problems, including blurred vision, decreased focus, and headaches. The named plaintiff in this class action is Jack Shorr, a New York attorney who took Viagra in February 2011 and was subsequently diagnosed with vision problems. Shorr’s attorneys were granted leave to amend the complaint on February 21, 2012. As part of the settlement, Pfizer has agreed to establish a fund to pay monetary compensation to class members, with a minimum initial payment of $500 to each class member. The settlement also provides for continued payments to qualified class members until a total of $500 is paid out to each class member.
Class Certification Was Successful
The lead plaintiff in the Viagra blindness lawsuit, Jack Shorr, is a named plaintiff in a number of other lawsuits involving injuries allegedly caused by Pfizer’s popular erectile dysfunction medication, Viagra. In an attempt to consolidate these cases, Judge Kenneth Karas of the NY State Supreme Court designated Shorr as the class representative in the main lawsuit. Judge Karas then granted the plaintiff’s request for class certification in the main lawsuit, which became law on January 22, 2012. In making his decision, Judge Karas relied upon the fact that all of the issues in all of the lawsuits can be settled as a single common issue, making this lawsuit particularly appropriate for class treatment.
Negotiated Settlement
After several months of legal maneuvering, involving a variety of complex motions to dismiss the lawsuit and/or for summary judgment, as well as extensive discovery, Pfizer and Shorr’s attorneys have reached a settlement. Under the terms of the settlement, a class action complaint will be dismissed with prejudice, with each party reserving their right to appeal, and the parties will attempt to reach a mediated settlement of all remaining issues. If they are unable to do so, they will submit the dispute to binding arbitration. If you or someone you know has taken Viagra and is experiencing any kind of health issue as a result, including vision problems, you may be a candidate for compensation under this settlement. Make sure to contact an experienced New York City personal injury lawyer for assistance in filing a claim.