Duragesic Patch settlement reached following $5.5 mil verdict
Last month a federal jury in Florida awarded $5.5 million to the family of a 28 year old man who was found dead of fentanyl overdose after putting on the Duragesic Patch. Late last week it was reported by Bloomberg that the family and Johnson & Johnson have reached a Duragesic Patch settlement for $2.5 million to avoid a lengthy appeals process.
>>INFORMATION: Duragesic Patch Lawsuits
The Duragesic Patch is a strong pain killer which delivers the opiate fentanyl through a gel which is supposed to be absorbed slowly through the skin. However, defects in the design and production of the fentanyl patch have resulted in many cases where the gel leaked directly onto the skin or was delivered too quickly. This could result in fentanyl overdose or death.
The Duragesic settlement was reached after a jury found that Johnson & Johnson, through their subsidiaries, ignored production problems which resulted in the leaking patches. It is the second time that a jury has found that Johnson & Johnson was negligent in connection with a death caused by a leaking pain patch. In July 2006, a jury awarded $772,500.00 following a lawsuit filed by the family of a Texas woman who died of fentanyl poisoning.
In July 2005, the FDA issued a public health advisory regarding the dangers of the Duragesic Patch. The government regulators initiated an investigation into 120 deaths which were linked to leaking patches. According to this week’s Bloomberg article, the FDA still has not concluded their probe two years later, and continue to investigate the safety of the Duragesic patch.
Approximately 400 wrongful death lawsuits are pending nationwide as a result of Duragesic Patch overdose and death. Hundreds more may be filed in the future, as defective fentanyl patches continue to leak and cause fatal injuries.
Last week an article in American Medical News, a publication provided to all AMA members, reported on continuing cases of fentanyl overdose and death which are associated with the Duragesic Patch. Despite the safety concerns and deaths, the Duragesic Patch remains the sixth best selling product for Johnson & Johnson, generating sales of $1.29 billion in 2006. Many experts believe that more needs to be done by the manufacturer to ensure that people are not hurt or killed by the Duragesic Patch.
The recent Duragesic settlement is the first voluntary payment to be made by Johnson & Johnson as a result of their actions surrounding the manufacture and sale of the pain patch.
The product liability lawyers at Saiontz & Kirk are continuing to review potential new Duragesic Patch lawsuits for fentanyl overdose or death. Limited time may be remaining to pursue financial compensation.
