Half Full? South Florida Plaintiff Leads Asthma Inhaler Class Action
The lawsuit against Boehringer Ingelheim Pharmaceuticals claims its Combivent Respimat inhaler offers far fewer doses than advertised.
May 07, 2019 at 03:59 PM
3 minute read
The original version of this story was published on Connecticut Law Tribune
A Hollywood plaintiff is the name plaintiff in a proposed class action lawsuit alleging Boehringer Ingelheim Pharmaceutical Inc. shorted consumers using its Combivent Respimat asthma inhaler.
The 24-page federal lawsuit in Connecticut accuses the German company of conducting “an extensive, widespread, comprehensive and uniform nationwide marketing campaign” that misrepresented the dosage of its Combivent inhalers. It claims the company offered metered-dose inhalers with a set number of puffs, but the product fell far short.
The product “does not actually live up to these advertised promises,” the lawsuit said.
One inhaler can cost upwards of $450, although most insurance plans provide coverage.
Combivent is a bronchodilator designed to treat chronic obstructive pulmonary disease, or COPD. Each package says it provides “120 metered doses of relief from lung constriction,” but sometimes contains half that amount, according to the lawsuit.
“Those representations are false, deceptive and unfair,” said lead plaintiff Carl Ignacuinos, who said he kept a running count of puffs from several Boehringer inhalers.
As of Tuesday, the company has not assigned an attorney to the matter. Chris Wahlers, associate director of public relations for Boehringer Ingelheim, had no comment by deadline. Sheila Denton, the company's general counsel and senior vice president, did not respond to a request for comment.
While the plaintiff lives in South Florida, he filed the lawsuit in Connecticut, where Boehringer Ingelheim bases its U.S. operations. He said the damage he suffered goes beyond finances.
“Ignacuinos was additionally injured when he was required to restrict his activities because his Combivent had run out prematurely,” the lawsuit said. “Since he would no longer have a means of relieving his breathing obstructions at this point, he often was required to stay indoors in order to minimize the chances of a COPD attack, against which he would be helpless. This was a source of considerable mental anguish.”
The plaintiff and class, the lawsuit states, “were also injured physically and emotionally, since they were subjected to asthma attacks they could not control and had to live with the anxious knowledge of this risk, restricting their activities.”
Representing the plaintiff are attorneys Stephen Bourtin of Stamford, Connecticut-based The Boyd Law Group, and C.K. Lee of the New York-based Lee Litigation Group. The attorneys did not respond to a request for comment by deadline.
The lawsuit seeks certification as a class, restitution, declaratory relief, statutory pre- and post-judgment interest, and attorney fees and costs.
The four-count complaint alleges violation of the Connecticut Unfair Trade Practices Act, breach of express warranties, common-law fraud and violations of Florida's Deceptive and Unfair Trade Practices Act brought on behalf of the Florida class.
U.S. District Chief Judge Stefan Underhill in Bridgeport, Connecticut, is scheduled to hear the case.
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