From Deseret News archives:
Kin file suits over pain patch deaths
The family of Gina Dansie, 42, Salt Lake County, and Victoria Price, 56, Tooele County, have filed two independent suits, both against Alza Corp., which distributes the patches, and Janssen Pharmaceutica, a New Jersey company, which both manufacture, market and distribute the patch.
According to the suits, both women were prescribed the patch for two different medical conditions, but both were found dead in their homes within one or two days of receiving the Duragesic patch, which was designed to deliver the pain killer fentanyl in controlled doses.
The complaints bring the the total to at least three filed against the companies over deaths in Utah related to the Duragesic patches.
The federal Food and Drug Administration issued a public health advisory in July stating the patches may cause death from overdose. "Patients who are using the fentanyl skin patch and their caregivers should be told about the directions for safe use of the patch and should follow the directions exactly," the advisory states.
A spokesman for Alza Corp. could not be reached late Wednesday.
According to the Dansie suit, she suffered from chronic pain having suffered from Hirschsprung's disease, a birth defect that affects the digestive system. She was put on the Duragesic patch to help her manage her pain, the suit states.
On Dec. 22, 2003, the suit states, Dansie replaced her patch and the next day she was found dead in her home by her daughters. A coroner's report listed her death as due to "mixed drug poisoning" and concluded the levels of fentanyl in her body were in excess of what would be an expected dose.
The other suit claims Price also suffered from chronic pain due to spina bifida. But Price was also prescribed the Duragesic patch with Fentanyl on Dec. 19, 2003, the suit claims, for ongoing pain and nausea due to gallbladder surgery. She was given two patches on Dec. 21 and discharged a day later. On Dec. 23, Price was found dead in her home by her neighbor, the suit states. A coroner's report stated her death was caused by "drug poisoning - Fentanyl".
Both suits claim seven counts of wrongful death, including product liability and negligence for failing to adequately research and design the patch before placing it on the market. Both suits also claim the companies misrepresented that the patch was "safe, fit and effective for human use." The family members of both women are seeking punitive damages as well as damages to pay for medical and funeral costs.
Both suits were initially filed in state court earlier this month, but were moved to a federal court on the request of the defending companies.
A third suit filed by the family of Marilyn Titus, who died two years ago, at age 72, two months after she used the patch, was filed in 3rd District Court earlier this month.
E-mail: gfattah@desnews.com
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