Duragesic Pain Patch Maker Sued by Dead Man’s Family
A Duragesic pain patch delivered a deadly overdose of the narcotic fentanyl to West Virginia man, according to a new lawsuit filed by the victim’s family.
Thomas L. Woodcock died in May 2007, just days after he filled a prescription for Duragesic patches in 75 mcg doses, according to the suit filed on May 8, 2009.
Pain patches made by Duragesic and other medical manufacturers are designed to deliver steady doses of fentanyl or other potent narcotics through patches placed directly on the skin. The products commonly are prescribed to treat moderate pain caused by disease or following surgery.
However, in some cases, patients have died or been injured after receiving dangerous overdoses of pain killers delivered by the patches.
The lawsuit filed on behalf of Woodcock’s family accuses Duragesic of marketing an unreasonably dangerous medical device. The suit also accuses Woodcock’s doctor of failing to warn him about the risks of death or injury from using the pain patch and for not using a different product that was more safely designed.
“Fentanyl is an extremely dangerous drug that is at least 80 times stronger than morphine,” the complaint says, according to a report in the West Virginia Record. “The defendant had a lethal fentanyl blood concentration at the time of his death.”
Damages Sought
Lynn Woodcock, the representative of Woodcock’s estate, is seeking unspecified punitive and exemplary damages, actual damages, plus pre- and post-judgment interest, costs and other relief to which she may be entitled, the Record reported.
As a result of the death, Woodcock’s relatives have suffered sorrow, mental anguish and solace and incurred medical and funeral costs, the suit states. The legal causes of action cited in the lawsuit include strict product liability, negligence, negligent misrepresentation, breach of implied warranty of fitness, breach of implied warranty of merchantability and wanton, willful or reckless conduct.
Recall Announced
Duragesic patches were recalled in 2004 after scores of patient deaths and accidental overdoses. Defective Duragesic patches were found to have leaked too much of the powerful opiate into patients’ skin, prompted federal officials to order more than two million of the patches to be pulled from pharmacy shelves.
In July 2005, the Food and Drug Administration issued a Public Health Advisory to warn physicians and patients about the risks of using fentanyl-based pain patches such as Duragesic.
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