Demand For Jury Trial Filed In San Mateo County
A 26 page complaint was filed with the clerk of the county on May 21st, 2019 by attorneys on behalf of Gabriel Au Buchon, a 40 year-old U.S. Army veteran.
The complaint lists five causes of action against Roche:
- 1. Strict Products Liability— Failure to Warn
- 2. Negligence
- 3. Deceit by Concealment (Violation of Civil Code §§ 1709—1710)
- 4. Fraud
- 5. Negligent Misrepresentation and Defendants. Concealment
From the complaint: “Plaintiff was U.S. Army infantryman from October 1, 2002 to September 13, 2015. He was deployed to the Horn of Afiica from December 16, 2003 to July 20, 2004. In early to middle December 2003, he was given Lariam as part of his deployment”
“…He has suffered classic neuropsychiatric symptoms of mefloquine toxicity since: insomnia, abnormal dreams and nightmares, anxiety, depression, anger, irritability, aggression, paranoia, and cognitive dysfunction, which have contributed to his diagnoses of depression, major depression not otherwise specified (NOS), major depressive disorder, adjustment disorder with depressed mood and anxiety, anxiety disorder NOS, generalized anxiety disorder, insomnia, chronic neurologic symptoms of tinnitus, dizziness, headache, Visual photosensitivity, paresthesias, and other vestibular disorders.“
15. anxiety, depression, irritability, anger, paranoia, suicidal ideation, insomnia, restlessness, and periodic limb movements during sleep, which have contributed to his diagnoses of adjustment reaction, dysthymja, depression, mood disorder not otherwise specified (NOS), bipolar disorder, and restless leg syndrome (RLS), dizziness and disequilibrium.
Quite simply, that Roche Pharmaceuticals knew that Lariam was a dangerous drug, yet did nothing to mitigate this danger and continued to market the drug.
In the series of articles I wrote on mefloquine, Poison Pill: The History of Mefloquine From The Lab To The Courtroom”, I showed that there was compelling evidence of the dangers the drug posed prior to it being approved for use, and even more afterwards.
Prayer For Relief
These are the damages sought, which are to be determined by the court.
- PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against each of the Defendants as follows:
- a. Awarding actual damages in an amount to be determined at trial;
- b. Awarding punitive damages to the Plaintiff;
- c. Awarding pre-judgment and post-judgment interest to the Plaintiff;
- d. Awarding the costs and expenses of this litigation to the Plaintiff;
- e. Awarding reasonable attorneys’ fees and costs to the Plaintiff as provided by law; and
- f. Granting all such other relief as the Court deems necessary, just and proper.
Updates As They Happen
I will be following this case very closely, and will be posting updates as they happen. Stay tuned for further developments.
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