From the Norther California Record:
SAN FRANCISCO – An Oklahoma hospital has filed a class-action lawsuit against a pharmaceutical company alleging that it misrepresented the total amount of an anti-cancer drug in each vial.
Comanche County Memorial Hospital filed a complaint on behalf of all others similarly situated on May 9 in the U.S. District Court for the Northern District of California against Genentech Inc., Roche Holding AG, Roche Holding LTD and Roche Holdings Inc., citing breach of express warranty, breach of implied warranty, unjust enrichment and other counts. According to the complaint, the plaintiff alleges that it suffered damages as a result of having to purchase more Herceptin vials due to the inaccurate labels on each vials. The plaintiff holds Genentech Inc., Roche Holding AG, Roche Holding LTD and Roche Holdings Inc. responsible because the defendants allegedly misrepresented or falsely advertised their product, which caused consumers to purchase more vials.