Sean Wajert’s MassTortDefense blog reports that Bayer moved last week to dismiss the master complaint in the federal MDL involving combination aspirin products pending in New York.
Plaintiff’s’ lawyers in this MDL allege Bayer marketed combination aspirin and dietary supplement products without approval from the FDA and deceived the plaintiffs and putative class members with respect to the safety and efficacy of the products.
So the plaintiffs used these products and suffered serious injury which is why we are making a federal case out of this? Not really. Instead, plaintiffs claim damages because they say they would not have purchased these products if they had known that Bayer did not file a new NDA for each of these combination products, but instead relied on prior FDA review.
I’m sitting in the back row but I’m just not a huge fan of lawsuits against drug companies where no one has actually been injured. I also realize that complex litigation with what I’m sure are sophisticated issues cannot be reduced to a tag line like, “C’mon aspirin has been around for a zillion years.” That said, aspirin has been around for like a zillion years.