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.
I think that in most of these cases the “victim” compromised the delivery system of the patch to seek a “high” from the patch. Was the “fatal patch” shown as evidence? What was the victims use profile? Did they test for other substances, or try to obtain discarded previous patches to see how correctly those were used or misused. For those of us in Chronic, Intractable pain, these devices are a Godsend. I would hate for an irresponsible few, and the flood of money seeking copy catters get this very useful tool removed from the market for those of us who have a legitimate need, and exercise responsible use of this product.
I used a patch from my pain specialist, and I became severly sick, vomiting for eight solid hours. I will never use one again. I did not know that there was anything out about someone dieing. This really scares me about taking anything.
I would like to say that late 2007, DEC 22 to be exact, my mother passed away. she had back surgery and had over the years built a tolerance to pain medication due to earlier years of physical abuse. She was put on these patches after the surgery and one morning bright and early, around 7am her heart stopped after she had placed a patch on her arm. She was by herself for hours until someone found her. I was only 26 at the time with her as my only parent. I am not asking for a pity party however do understand there are faulty products out there that can ruin someones life.
This pain patch is deadly. My daughter died after putting it on and she was only 42. She had been using it for two years and since it is 100 times more potent than morphine, it is highly addictive. It has purportedly killed over 500 people with many more lawsuits pending. Johnson and Johnson does not care because they are making billions off it each year. Our FDA does not really protect us from these drugs manufacturers who do not test their drugs long enough and do not take them off the market after killing people. In my opinion taking these very potent addictive drugs will increase your chances of an early death. Hopefully people in pain can try to find another way to deal with their pain than popping a pill or putting on patch that gives them temporary relief. This drug is way too potent to be used daily. Please take warning – it can kill you. I wish my daughter was here to tell you herself.