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CVS and Westminster Pharmaceuticals Face Class Claims Over Adulterated Thyroid Medication

Elizabeth DiNardo, Esq. | Associate Counsel

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On October 5, 2018, class claims were filed in federal court in the middle district of Florida against Westminster Pharmaceuticals LLC (“Westminster”) and CVS Pharmacy Inc., alleging that the companies manufactured and distributed adulterated generic prescription thyroid medications to patients.

In the complaint, named plaintiff Kim Yachera points to a Chinese laboratory that defendant Westminster employed to manufacture its thyroid tablets as the source of the adulteration in the drug. In October 2017, the FDA inspected the laboratory in question, Sichuan Friendly Pharmaceutical Co. Ltd., and in March 2018, issued a warning that it had found “significant deviations from current good manufacturing practice for active pharmaceutical ingredients.”

Despite the severe nature of the FDA findings at the lab, Westminster continued to assure its customers that it was committed to delivering the highest standard of product quality. Westminster failed to issue a recall on the product until August 2018.

Plaintiff argues that she relied on the express promises of Westminster as set forth on its website and in its labeling of the medication that Westminister had complied with FDA standards of quality. The suit brings claims of breach of express warranty, breach of implied warranty of merchantability, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (lead plaintiff Kim Yachera is a resident of Pennsylvania), unjust enrichment, fraudulent concealment, fraud, conversion, strict products liability, gross negligence, negligence and battery. 

The case is: Yachera v. Westminster Pharmaceuticals LLC et al., Case No.: 8:18-cv-02463, in the U.S. District Court for the Middle District of Florida.

 


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