Cache County man sues pharmaceutical company, says painkiller killed wife

SALT LAKE CITY — A Hyde Park, Cache County, man is suing the pharmaceutical company ALZA, saying his wife was killed by a defective painkilling patch.

Preston Ward claims his wife, Janine, was wearing a Duragesic patch that delivers fentanyl, "an extremely dangerous drug that is at least 80 times stronger than morphine," through the skin and into the bloodstream when she died, according to a lawsuit filed in 3rd District Court.

If the patches are worn properly, patients should not receive harmful doses of fentanyl. The suit claims Ward's wife was wearing the patch properly, but it was defective and leaked. A toxicology test allegedly showed she had lethal amounts of fentanyl at the time of her death in May 2010.

"The patch is unsafe for its intended ... use because it can and does leak and/or because it otherwise causes lethal levels of fentanyl in patients," the lawsuit states.

The suit claims the patch had a "seal defect" and criticizes ALZA for not warning about the risks and dangers in using the patch. It also claims the patch could have used safer, alternative designs that have fewer defects.

Johnson & Johnson, ALZA's parent company, recalled some pain patches in 2004 and 2008. In 2004, the Food and Drug Administration investigated the company's manufacturing practices and quality control procedures and found them to be deficient, according to the lawsuit.

Although the FDA initially approved the patch, the suit claims the FDA did not have a full knowledge of the defects and dangers of the product at the time.

Ward is suing ALZA for seven causes of action, including negligent misrepresentation. He is suing for damages of $300,000 or more.

A spokesman for the pharmaceutical companies of Johnson & Johnson expressed sympathy for Ward regarding the loss of his wife, and said its product is safe.

"The Duragesic patch is a safe and effective treatment for persistent moderate to severe chronic pain when under the care of a doctor and according to the FDA-approved prescribing information," said William Foster, business unit communication leader for Johnson & Johnson's pharmaceutical companies. "Like all prescription medications, it has benefits and risks."

E-mail: hschwarz@desnews.com