Wal-Mart sued for not warning of topical cream's health hazards
The maker and distributers of an acne medication have been sued for not adequately warning of the topical cream's alleged health hazards.
Bradley Bennett filed suit against Wal-Mart Stores, Brookshire Brothers and Sanofi Aventis U.S. on Feb. 6 in Jefferson County District Court.
According to the lawsuit, in January 2007 Bennett was prescribed Benzaclin for his acne, a topical cream manufactured by Sanofi and consisting of clindamycin and benzoyl peroxide.
From 2007 to 2009, Bennett filled his prescriptions at Wal-Mart and Brookshire. The distributors provided him with warnings that the cream could cause diarrhea but he claims it failed to mention the FDA required warning of ulcerative colitis -- a type of inflammatory bowel disease.
In his suit, Bennett alleges that because of the pharmacy defendants' faulty and deceptive warnings, he developed ulcerative colitis and did not learn until 2011 that his condition was related to the cream.
The defendants are accused of fraudulent concealment.
The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Woodlands attorney Bill Voss represents him.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D191-882