Boyer v. Breckenridge Pharmaceutical, Inc.
Case No. 2:24-cv-06514-JKS-JBC (D.N.J.)
The Block Firm has reached a settlement agreement to fully resolve its consumer class action against Breckenridge Pharmaceutical, Inc., related to its sale of duloxetine. Through the settlement agreement, everyone in the United States who purchased Breckenridge’s duloxetine from August 4, 2020, through the date of preliminary approval is entitled to receive cash compensation, with individuals who purchased recalled drugs potentially entitled to higher payments.
We initially brought a class action lawsuit against Breckenridge in May 2024, seeking to recover economic damages on behalf of consumers who bought Breckenridge’s duloxetine that was recalled due to nitrosamine impurities or that similarly failed to meet the applicable requirements but was not recalled. While these impurities do not change how the drugs work, ingesting more nitrosamines than recommended over the course of years can cause an increased risk of certain cancers. Our lawsuit sought compensation for consumers who purchased contaminated duloxetine regardless of whether it was recalled.
By providing cash compensation to all consumers who purchased Breckenridge’s duloxetine for more than four years, the settlement agreement provides a benefit to a broad class of purchasers while also allowing purchasers of recalled drugs to recover even more. We are proud of the result achieved, subject to court approval, for consumers in this case. We will provide updates regarding the settlement and key court documents as the court approval and claims process moves forward.