A Los Angeles Times story in November stated that the county coroner's office there had investigated more than 230 deaths involving fentanyl in the past six years. More than 100 of those deaths were classified as accidental. From 2000 to 2004, sales of Duragesic more than tripled and the number of prescriptions more than doubled, the paper reported. In 2004 alone, 4.1 million prescriptions for Duragesic were filled. While initially developed for cancer patients, the patch has become increasingly common for sufferers of other types of pain that may not be as closely monitored.

The complaint states package labeling lacked adequate information about the use of fentanyl patches and warnings of potential side effects.

The suit alleges the companies knew of injuries and deaths the patches caused and failed to recall them.

Marilyn Titus' husband, Robert, and daughter, Robyn Hastings, are suing the two companies and any others that may be found linked to the sale and marketing of Duragesic for damages that include medical expenses, funeral costs, out-of-pocket expenses, loss of love, companionship and economic support, punitive damages and attorney fees — all to be determined at trial.

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E-mail: jdougherty@desnews.com