Lunesta Lawsuit

Lunesta is a type of sleeping pill designed to help individuals fall asleep and remain asleep. It is manufactured by Sunovion Pharmaceuticals and was first cleared for use by the FDA in 2004. Since its introduction in the US, Lunesta has become quite a popular sleeping pill. It has been prescribed more than 31 million times. Although the makers of Lunesta maintain that Lunesta is a safe product, there are some troubling side effects associated with taking Lunesta.

After taking Lunesta, a number of people have reported episodes of sleepwalking. During these episodes, Lunesta takers have driven cars, eaten or cooked food, made phone calls, had sex and engaged in other complex behaviors. They usually do not have any recollection of these incidents afterward. Additionally, Lunesta may cause memory loss in some individuals independent of sleepwalking episodes. In these cases, Lunesta takers may not remember driving to work or performing other tasks the morning after taking Lunesta. Lunesta lawsuits have come about as a result of these serious side effects.

Lawsuit Basis

Lunesta lawsuits are often based on personal injury sustained after taking Lunesta. A Lunesta lawsuit often focuses on sleepwalking and memory loss incidents which may accompany taking Lunesta. Lunesta lawsuit plaintiffs often claim to engage in erratic and unsafe behaviors in the hours after taking Lunesta, and then have no recollection of having done so.

Swoverland v. GlaxoKlineSmith:

In this Lunesta lawsuit, the plaintiff claimed that his combination of using Lunesta and an anti-depressant known as Paxil resulted in depression and suicidal thoughts. The Lunesta lawsuit plaintiff further claimed that taking Lunesta in conjunction with taking Paxil caused him to engage in an unsuccessful attempt to kill himself and his daughter. This attempt at suicide and homicide caused the plaintiff to be sentenced to prison and also lose his job. The plaintiff claimed that he had not been adequately warned about the potential for erratic behavior while taking Lunesta.

FDA Violations:

In addition to Lunesta lawsuits, Lunesta has also been the subject of scrutiny by the FDA. In a June 2010 document, the Department of Health and Human Services took exception to the content of a Lunesta television advertisement. They required that Lunesta change the wording of the advertisement.

In the commercial, the makers of Lunesta make statements to the effect that if sleeping pill users are unsatisfied with the results of their current sleeping pill medication, they should switch to Lunesta. The Department of Health and Human Services felt that the wording of the advertisement suggested an unsubstantiated claim that Lunesta has been clinically proven to be more effective than other sleeping pills at helping people to fall asleep. Furthermore, the Department of Health and Human Services felt this wording asserted an unsupported claim that Lunesta is effective in treatment situations where other sleeping aids have failed to work.

The Department of Health and Human Services also informed the makers of Lunesta that their description in the advertisement of how Lunesta works was incomplete and thus misleading. The language used by Lunesta suggested a very clear and precise explanation of how Lunesta helps to bring on sleep. The Department of Health and Human Services corrected Lunesta on this issue, pointing out that the exact mechanisms behind Lunesta’s ability to aid sleep were not clearly defined in any of the official FDA documentation submitted about the drug.

Filing a Lunesta Lawsuit

The decision to file a Lunesta lawsuit should be weighed carefully. Lunesta lawsuits are best handled by qualified legal professionals. A Lunesta lawsuit may involve claims of personal injury following taking Lunesta. A Lunesta lawsuit or lawsuit involving a similar type of sleeping pill may result in a class-action suit, in which a large number of similarly aggrieved plaintiffs mount a case together.

Notwithstanding claims relating to this product, the drug/medical device remains approved by the U.S. FDA. 

View Sources

 

  • Grim, Kathleen. “Unsubstantiated Superiority Claims.” FDA. Department of Health and Human Services, 6 9 2010. Web. 12 May 2013.
  • Ruskin, William. “Connecticut Reaffirms Learned Intermediary Doctrine.” Toxic Tort Litigation Blog. Toxic Tort Litigation Blog, 1 10 2011. Web. 12 May 2013.
  • “About Lunesta.” Lunesta. Sunovion Pharmaceuticals, n.d. Web. 12 May 2013.