When we read that a bottle of medicine contains certain number of doses, we don’t usually bother to count them. We normally assume the number is approximately correct. The complaint for class action alleges, however, that Boehringer Ingelheim Pharmaceuticals, Inc. (BIP) puts far less than it advertises in its Combivent Respimat asthma inhaler.
The Nationwide Class for this action is all persons or entities who bought Combivent in the US for personal use and not for resale, during the applicable limitations period. Alternatively, it proposes a similar Florida Class for all those who bought Combivent in Florida.
The complaint alleges that BIP advertises that the Combivent inhaler contains 120 metered doses. “These representations are false, deceptive, and unfair, however, because Combivent contains far less … sometimes less than half this amount.”
The Combivent inhaler is a “bronchodilator” designed to treat Chronic Obstructive Pulmonary Disease (COPD), which periodically constricts the lungs’ passageways. The inhaler delivers a formula that relaxes the muscles in the lungs, allowing the passageways to open wider for air. While dosages vary, BIP recommends a general dosage of four “puffs” per day.
The “puffs” supposedly come out in metered dosages, that is, reliable, consistent amounts of medication. The Combivent doses are supposed to last 1.5 seconds to deliver a fixed amount of the medication. The dosage delivered should not depend on how long the patient presses the button on the inhaler. If it did, the patient would not be able to deliver a reliable, consistent dose each time.
Patients are told to prime the inhalers four times before their first use. BIP assures patients, “Don’t worry, these steps will not affect the number of doses of medicine in your inhaler.”
Plaintiff Carl Ignacuinos suffers from COPD and has been using the inhaler to cope with the condition since 2016. According to the complaint, Ignacuinos pays a copay of $75 for the medicine for the first nine months of the year and then $140 for each of the remaining three months. “However,” the complaint says, “none of the Combivent inhalers purchased actually delivered the advertised 120 doses. Most delivered half or less than half that amount and few delivered significantly more than half.”
How does he know this? He has been logging the number of doses he gets per cartridge on a piece of paper he keeps wrapped around the device. His records show that he has gotten anywhere from 45 to 85 doses since he began logging them.
The complaint quotes from reviewers of the product on the WebMD site that have had similar problems as well as other difficulties, such as leaking medicine before it is sprayed or not dispensing the medicine at all.
The complaint makes its allegations under state laws against unfair and deceptive practices. It alleges fraud and breach of express warranties as well.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Combivent Respimat Inhaler Cartridges Number of Doses Complaint
May 7, 2019
When we read that a bottle of medicine contains certain number of doses, we don’t usually bother to count them. We normally assume the number is approximately correct. The complaint for class action alleges, however, that Boehringer Ingelheim Pharmaceuticals, Inc. (BIP) puts far less than it advertises in its Combivent Respimat asthma inhaler.
bip_asthma_inhaler_doses_complaint.pdfCase Event History
Combivent Respimat Inhaler Cartridges Number of Doses Complaint
May 7, 2019
When we read that a bottle of medicine contains certain number of doses, we don’t usually bother to count them. We normally assume the number is approximately correct. The complaint for class action alleges, however, that Boehringer Ingelheim Pharmaceuticals, Inc. (BIP) puts far less than it advertises in its Combivent Respimat asthma inhaler.
bip_asthma_inhaler_doses_complaint.pdf