Could You Have a Potential Claim in a Fentanyl Overdose Lawsuit?

The Pain Patch Is A Defective Drug Causing Harm To Patients And At Least One Wrongful Death

 Fentanyl is a powerful opioid intended for use among only those with the most severe chronic pain. About one hundred times stronger than morphine, the drug carries the risk of serious adverse affects, including a fatal overdose. This is a risk exacerbated by problems such as product defects, inappropriate prescriptions by doctors, and confusing directions for use. If you have fallen victim to any of these circumstances, you may have a claim in a fentanyl overdose lawsuit.

For years, the FDA has been investigating reports of deaths and serious side effects in patients using fentanyl transdermal patches. These overdoses have occurred in association with both the Duragesic brand and generic products, such as Actavis and Sandoz. There have been a number of recalls of each of these. The most recent were in 2008, when within weeks of each other, there was a recall of both Duragesic and Actavis patches for two different types of defects that could cause leaking and lead to overdoses.

The FDA has been closely monitoring these products, including issuing safety warnings to physicians and patients. They have also required alterations to the drug’s packaging on several occasions, including the addition of black box warnings. These indicate a significant risk of serious or even life-threatening adverse effects. This drug should be used with particular caution for patients with any susceptibility to respiratory depression or with preexisting liver or kidney problems.

There have been hundreds of fatalities reported to the FDA since they began issuing warnings about in 2005. These deaths have been notably linked to: (1) doctors prescribing the medicine inappropriately, (2) a failure of the manufacturers to provide adequate warnings, or (3) defective products. In many cases, the victims of adverse affects 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.

There have already been a number of lawsuits related to fentanyl, 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 another verdict against the same company in a wrongful death lawsuit, for $16.5 million. The victim in that case was a 38-year-old mother of three who died while wearing a Duragesic patch. There have been a number of other lawsuits filed since then.

The majority of fentanyl overdose lawsuits are based on the following general fact patterns:

• Patients overdosing as a result of imperfections, typically from a leak of some sort

• Unclear instructions, resulting in an accidental overdose through misuse

• Improper prescriptions, either through the negligence of health care providers or the manufacturer providing unclear patient parameters

• Health care providers overdosing as a result of coming into contact with the narcotic because of defective products

Product liability or medical malpractice lawsuits can be extremely complex, but an attorney with expertise in the field will be able to suggest the best course of action and determine whether the details of any specific case are appropriate for legal action.