Defective Fentanyl Patches Prompt Lawsuits

Decresed Respirations And Sensorium Was The Cause Of Death For One Man Using The Pain Patch

Fentanyl is a synthetic opioid, about 100 times stronger than morphine. An extremely powerful narcotic analgesic, it is typically used to treat severe chronic pain for which lesser painkillers are ineffective. Those who are commonly prescribed the medication include cancer patients and others who are conditioned to narcotics.

Though first synthesized in 1959, the drug became more widely used in the 1990s when the Duragesic brand fentanyl patch was introduced. This product consists of an inert alcohol gel infused with specific fentanyl doses, worn on the skin to provide a constant administration of the drug over a period of several days. Unfortunately, if there are any imperfections there is a high risk of adverse effects, particularly from accidental overdose.

PriCara, a pharmaceutical company under the umbrella of Johnson & Johnson, had had several recalls for Duragesic brand. In 2008, a recall was prompted by possible cuts along one side of the drug reservoirs. A cut could cause the gel to leak, exposing patients or their caregivers to the narcotic directly as opposed to on the time-release system.

That same year, there was another fentanyl patch recall, involving the generic Actavis patches, due to possible fold-over defects. These involve a seal breach that can allow the drug to leak and also result in the patient or caregiver being exposed.

Over the years, the Food and Drug Administration (FDA) has issued several public health advisories on this subject. They have stressed the dangers of misuse, such as applying more than prescribed, which can result in dangerously high levels of fentanyl. It is also important that patients carefully read the full prescribing information, including all appropriate warnings. Duragesic in particular contains a number of black box warnings, which indicate that the medicine carries a significant risk of serious or even life-threatening adverse effects. Particularly dangerous is fentanyl toxicity, in which the body has a toxic reaction to the substance, typically via a strong allergic reaction or overdose.

Fentanyl patch overdose toxicity may end in fatal respiratory depression. There have been hundreds of reported fatalities since the FDA began issuing warnings about the drug in 2005.

Many of these deaths have been linked to: (1) doctors prescribing the medicine inappropriately, (2) a failure of the manufacturers to provide adequate warnings, or (3) defective products. As such, the victims of adverse affects from the drug or the families of fatal overdose victims have sought the assistance of a personal injury attorney or a law firm in finding out about their legal rights and potential claims.

There have already been a number of lawsuits related to fentanyl transdermal patches, dating as early as 1994, and substantial jury verdicts for victims. In 2007 a jury awarded $5.5 million to the family of a 28-year-old man who died while wearing a patch manufactured by a Johnson & Johnson subsidiary. In 2008 there was a jury verdict against the same company, for $16.5 million. The victim in that case was a 38-year-old mother of three who died while using the product. Many other lawsuits, primarily associated with Duragesic, have been filed since then.