FREE CASE EVALUATION: 1-800-632-1404
The Duragesic fentanyl patch manufactured by the Johnson & Johnson subsidiary Alza Corporation and Janssen Pharmaceuticals was the first fentanyl patch approved by the FDA. However, there are now numerous generic versions of the fentanyl patch available to consumers, including those made by Sandoz (manufactured by Alza Corp.), Mylan Laboratories Inc., Watson and Actavis. The FDA has received hundreds of reports of fatalities linked to fentanyl patch use. The cause of these deaths can be due to seal breaches that allow fentanyl to leak from the patch (also known as the “fold-over defect”), malfunction of the rate-control membrane, and other defects. The FDA is currently investigating these deaths. Our attorneys are representing users in all fifty states who have been injured. For a free case evaluation, call 1-800-632-1404.
As attorneys that represent persons whose loved ones are alleged to have died via fentanyl patch medication, we wanted to advise that a Utah judge has noted that certain claims against Mylan, Inc. may be preempted under federal law. In a July 25 order, Judge Ted Stewart of the United States District Court for the District of Utah found that plaintiff’s claims of negligence and breach of implied warranty of merchantability were adequately pled under Utah law and withstood dismissal. The Court addressed the failure to warn claims noting that the Mensing Supreme Court Case of 2011 ruled that failure to warn claims against generic drug makers are preempted by the FDCA’s prohibition on changes to generic drug labels. Based upon the Mensing case, the Court dismissed failure to warn claims.
The Court similarly noted that plaintiff’s design strict liability claims must be dismissed based upon the clear authority of the Restatement 2d of Torts Section 402A. The Court also dismissed manufacturing defect claims finding that plaintiff failed to allege any specific manufacturing defect of which Mylan’s product suffers.
The Court, however, denied a motion to dismiss negligence claims noting that while the claims were “largely conclusory and devoid of factual development” they were sufficiently pled and would therefore withstand dismissal. The Court similarly allowed the plaintiff to continue ahead in a claim for breach of implied warranty of merchantability, which was adequately pled following plaintiff’s complaint pleading that the product was unfit for its ordinary purpose, was not of even quality, and was not adequately labeled.
If you have a loved one that has suffered death as a result of a Fentanyl patch, please contact us as soon as possible for a free case evaluation.
If you were injured by a fentayl patch, you may be entitled to monetary compensation. Some fentanyl side effects include drowsiness, feelings of elation (euphoria), dry mouth, difficulty urinating, difficulty breathing, constipation, and skin reactions. Problems could be irreversible. Please fill out the form to the right or call us so that we can provide you with forms to evaluate your potential case immediately.
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NOTE: Our team of attorneys will review potential cases for all fifty states, including Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.