No, they don't have every right to sue the pharma company. Unless they can prove also that the pharmaceutical company knew about the problem and intentionally hid the information.
Well, not quite. It varies from jurisdiction to jurisdiction, but at least in my country I believe the standard is a negligent, not intentional, failure to disclose the risk.* So, it's only necessary to show that the pharmaceutical company should have known, not that they did. I would be surprised if that is not the case here. Merck has reportedly been tipped off numerous times by patients and doctors over the past 10 years and has not acted. Moreover, the drug has shipped in Europe with a persistent sexual side effects warning since 2008 due to pressure from regulators there. How ignorant could Merck be then? Not to mention Merck's history: they essentially covered up the side effects of Vioxx only a few years ago.
I should add that I fully agree that a drug company that quite innocently puts a drug on the market having taken all prudent measures to ensure all relevant risks are disclosed should not be held responsible for issues that weren't foreseeable at the time. But this situation is unlikely to be one of those times.
If you read the description label and it lists impotence as a side effect, temporary or otherwise, you don't take that drug, unless you are happy to be permanently impotent.
Sorry, but how on earth does that make any sense? Temporary impotence which goes away as soon as you stop taking the drug is not even remotely similar to losing sexual function for the rest of your life. I am inclined to think the men involved in this debacle agree.
*There is also a statutory cause of action under consumer protection legislation that sets an even lower standard for the plaintiff, but I can't recall the elements off the top of my head.
It's been known for decades that continual ingestion of anti-androgens (for a period of over 6 months) can cause permanent loss of potency.
Simply wrong. They provide a loss of potency while on the medication - which, in the case of prostate cancer, is usually years. And yes, the loss of potency worsens after several months. But it does not persist after treatment. Here is a quote from Merck's page for Propecia: "A small number of men had sexual side effects, with each occurring in less than 2% of men. These include less desire for sex, difficulty in achieving an erection, and a decrease in the amount of semen. These side effects went away in men who stopped taking PROPECIA because of them." That information has turned out to be wrong. Are you seriously telling me they shouldn't be liable for giving prospective patients wrong information about side effects? If so, why not?
...Propecia is an anti-androgen! Duh.
This is the correct answer. Anyone that doesn't understand this shit should be suing their doctor for not telling them, not the drug company.
Antiandrogens are only supposed to have that effect temporarily, while you're taking them. The significance of these new studies is that they show Propecia is causing permanent impotence - it persists even after you stop the drug. That is not a known behaviour of antiandrogens, and was not disclosed to patients considering Propecia.
...Propecia is an anti-androgen! Duh.
This is the correct answer. Anyone that doesn't understand this
Whether a drug is worth the risk for the benefits should be up to the PATIENT, not some damned ambulance chaser!
Right, and in this case the patients weren't warned of the risk of irreversible impotence, only reversible impotence that was supposed to go away after they stopped taking the drug. They weren't in any position to weigh up the real risks and benefits, and have every right to sue the pharmaceutical company for that.
"Gravitation cannot be held responsible for people falling in love." -- Albert Einstein