Actiq Lawsuit Filed Over Tooth Decay from Fentanyl Lollipops
Published: September 17th, 2009 • Comments: 14
A Texas man has filed a lawsuit against Cephalon over its Actiq fentanyl lollipop, saying the sugary painkiller rotted his teeth. The Actiq lollipops, which contain a powerful pain medication in a lozenge on the end of a stick, have also been connected with a number of fentanyl overdose deaths.
The Actiq lawsuit was filed earlier this month by Greg Lee Minckley, in the District Court for the 419 Judicial District of Travis County, Texas. The complaint alleges that the sugar in the Actiq fentanyl lollipops destroyed his teeth and resulted in $37,000 in extensive dental treatment, according to Courthouse News Service. Minckley was prescribed the fentanly lollipops to treat pain caused by pancreatitis, which is not an approved use for the strong painkiller.
Actiq lollipops (fentanyl citrate) are designed to slowly release the potent drug over time as the patient holds the lollipop in their mouth. Minckley alleges that Cephalon developed a sugar-free version of the lollipops, but decided not to market it.
Actiq side effects have also been linked to other serious and potentially fatal fentany injuries, beyond causing tooth decay. As a result of the candy-like nature of the lollipops, there have been a number of fentanyl overdoses and deaths, including users who took too much of the medication and young children who found the fentanyl lollipops and mistook them for candy.
Although Actiq is only approved for the treatment of cancer pain in patients who have already grown tolerant to other opioids, Cephalon has been criticized for marketing the drug in a way that led to off-label sales.
Earlier this month, a federal judge dismissed a lawsuit brought by a Cephalon shareholder, which alleged the company illegally promoted the drug off-label. According to a story by BNET Pharma Blog, the company did not dispute the off-label marketing charges, which claimed that sales reps aggressively marketed the drug for other uses, but got the lawsuit dismissed because the shareholder, Jerald King, was unable to tie the actions of Cephalon marketing staff to the company’s board members.
It has been estimated that more than 80% of Actiq users received the medication “off-label” and do not have cancer. The FDA was concerned enough about the power of the lollipops and the potential of abuse that it is requiring Cephalon to alert the agency if any group of physicians who represent potential off-label use, such as doctors who are not oncologists or pain specialists, account for more than 15% of its sales.
Comment by Rebecca on 2 November 2009:
I’m looking at the same problem. I was prescribed Actiq for back pain due to herniations, degenerative disc disease, etc. several years ago. The doctor suggested the medication quickly after briefly reviewing my records without suggestion of an alternative treatment. He even had a person in his office who worked closely with the drug rep to help patients locate pharmacies that carried the medication. I used it as directed by my doctor as well as according to the documentation enclosed in the packaging. Doing so has left a line of decay along the gum line, both top and bottom, on both sides of my mouth. Today a molar which had been capped following a root canal prior to actiq treatment simply broke off leaving only a flat area of decay where the base left after the root canal for the cap once sat. It wasn’t until I changed doctors that I even heard the suggestion that I should brush my teeth after finishing each dose of actiq. My new doctor changed my medication, but the damage was already done. I’m fearful that the only solution will be to pull my teeth and replace them with dentures at the age of 43.
Comment by Jennifer on 6 November 2009:
I TOO WAS PRESCRIBED ACTIQ FOR CHRONIC PANCREATITIS WHICH I SUFFERED WITH FOR 12 YEARS STRAIGHT!! I WAS ON THE PATCH AS WELL BUT NEEDED THE ACTIQ FOR BREAKTHROUGH PAIN. I STARTED WITH THE 200MCG BUT OVER THE YEARS ENDED UP ON THE 1600MCG USING UP TO 6 A DAY, AS PRESCRIBED BY DOCTOR. WHEN THEY DIDN’T HAVE THE DOSAGE I NEEDED THEY WOULD DISPENSE THE DOSAGE OF HALF THE MCG SO THAT I WOULD HAVE TO TAKE TWO TO EQUAL THE PRESCRIBED AMOUNT, DOUBLE TROUBLE!! NO ONE, AND I DO MEAN NO ONE EVER SAID ONE WORD TO ME ABOUT WHAT THIS WOULD DO TO MY TEETH AND/OR GUMS. I HAVE ALREADY SPENT $5K AND HAVEN’T EVEN MADE A DENT. JUST TODAY(NOV. 5, ‘09) I HAD TO HAVE 6 MAJOR TEETH REMOVED, ALREADY HAD TWO OTHERS, AND STILL NEED MUCH MORE MAJOR WORK TO SAVE WHAT I HAVE LEFT LET ALONE REPLACE THE ONES I HAVE LOST. I AM 47 YEARS OLD WITH NO ONE TO TURN TO FOR HELP. I AM LOOKING FOR AN ATTORNEY TO TAKE MY CASE WITH THIS COMPANY. THEY PUT WARNINGS ON EVERY RX YOU PICK UP AT PHARMACIES, ie. TAKE WITH FOOD, TAKE TILL GONE, etc., BUT NO WHERE AT ANY TIME WAS THERE A VERBAL OR WRITTEN WARNING FROM A PHARMACY,HOSPITAL OR DOCTOR ABOUT WHAT THIS COULD AND WOULD DO TO MY MOUTH. I HAVE FIGURED OUT THAT THE REASON THEY(THE COMPANY) WANT THIS DISPENSED TO THE TERMENIALLY ILL ONLY IS BECAUSE THEY FIGURE THE PATIENTS ARE GOING TO DIE SO THEY DON’T NEED THEIR TEETH. IT REALLY SICKENS ME TO LEARN THAT THEY HAVE HAD A SUGAR-FREE VERSION BUT THE COMPANY OPTED NOT TO MAKE IT FOR WHAT EVER REASON. THEY SHOULD BE HELD ACCOUNTABLE FOR WHAT THEY HAVE DONE. ON TOP OF THAT, WHAT THEY CHARGE FOR THIS RX IS A CRIME IN ITSELF!!
Comment by chris on 13 November 2009:
can someone tell me how to get involved in a law suit i have lost most of my teeth from the actiq and is there a class action law suit i can join please let me know it’s going to cost me over $9,000.00 to get my teeth fixed please call me someone
Comment by hammond on 22 November 2009:
How high does you IQ have to be to realize that sucking candy can rot your teeth and to use extra preventative care?
Comment by Linda on 1 December 2009:
I too have now lost all my teeth after being on Actiq. I have to have all my teeth pulled and replaced with dentures. I can not afford to have the work done on my mouth and have to suffer with the problem. My teeth are breaking off at the gum line. Had I known this was a side effect I would never have started this medication for pain. I only hope to find a dentist willing to help me.
Comment by vergil on 4 December 2009:
Iam taking dilantin and my gum bleeding and iam losing my teeth. Is there a lawsuit out there that can help me or a dentist?
Comment by Greg on 8 December 2009:
i TOO HAVE LOST TEETH DUE TO THE USE OF aCTIQ. i HAVE HAD GOOD TOOH UNTIL i WAS PRESCRIBED aCTIQ FOR CRONIC BACK PAIN. i WAS NEVER TOLD OF THE SIDE AFFECTS, LOOSING TEETH AND HAVE BEEN PRESCRIBED aCTIQ FOR aRACHNODITIS OR FAILED BACK SURGERY SYNDROME. i HAVE HAD DENTISTS TELL ME THE DECAY OF MY TEETH WAS DUE TO aCTIQ
Comment by Miss Patton on 22 December 2009:
I had braces all through Jr. High and then again when my Wisdom teeth came in. Then I was in a car accident in 1975 I was 16 (Michigan) the car rolled 5 times and (VW bug 73 no seat belts, had sunroof) I went half way out the sunroof on the 3rd roll and car rolled over me and was ejected on the 4th roll. I just had knee surgery from racing quarter mile flat track motorcycles and still had the hip cast on when the car accident happened. I have had 33 corrective surgeries since. 78 wire sutures removed, my back was broked in 7 pllaces, all ribs on right side, closed head injury, in a coma for 10 days. Well now some 30 years later the pain has mostly left me home bound. My pain Management Dr. gave me Actiq and the medication did work well. Then they pulled it off the market. I now have 7 teeth left and on disability of $599 a month I can’t even afford to have a cleaning, let alone extractions and dentures. Due to my parents I had a beautiful smile and it cost them a lot of money back then. Now I don’t even smile because of the embarasement. I look like I sleep under a bridge and beg for money. There is nothing worse (To me) then someone that has let there teeth go. It truely is your first impression. You smile and say hello. Then they turn there heads and walk away. By the way I am single, and with these teeth I don’t expect to draw any date’s any time soon. It’s just terrible. And, on top of the pain from the car accident I now have to deal with the pain of teeth breaking off at the gum line-just sitting there throbing all night, all day. I had wondered why this happened so quickly. From 2000 to 2005 they all just broke off and there are sign’s that the others aren’t far behinde.
Well, that’s all. I hope The Cephalon Corp. does the right thing and step up and help ALL of us.
Blessed be to All of US that are going through the same thing. Hang on. Pray that something good will come out of this.
Miss Patton
Comment by William on 16 January 2010:
i have dentures bevause of actiq i would atleast like them to replace my teeth with permanent dentures where i dont have to take them in or out its embarrising having a date then your teeth fall out as your talking its all actiqs fault ive been taking them over 8 yrs
Comment by Anna on 16 January 2010:
I was on dilatin too for10years and saw a dentist every year. kept my checkups and as soon as I went off of it the gums weren’t swollen anymore and they all started breaking and had decay. The dentists & Doctors agree its from the dilatin. I need alot of work done probably
$16,0000.00 I am looking for a lawyer too. All the money I put in dental work in the past was for nothing and my teeth are a bloody mess
Comment by Royce on 18 January 2010:
Y can add me to the growing number of Actiq users that is now looking at total tooth replacement. But I can’t use dentures because of a bad gag reflex. So I am looking at going with inplants top and bottom to hold an upper and lower plate that will stay in permanently.
They will be like having my very own teeth that I will still need to brush and take care of each day. I just don’t have the money to do it. I would guess that every tooth that I still have in my mouth has decay. So I’m on borrowed time right now and looking for an attorney that will help me as this attorney is doing on this case.
Comment by Caryn on 27 January 2010:
I had the same issue with Actiq…..I had just completed a phase of braces, then my teeth starting breaking off….a direct result of Actiq.
Comment by T on 4 February 2010:
I began using Actiq for chronic back pain following operations that were the result of three shattered verebrae. My doctor never mentioned the side effects, nor that I should have brushed my teeth after each “sucker”. I had no idea I putting so much sugar next to my teeth. I didn’t know the make up of the drug at that time. It took less than two years for all my teeth to become decayed. Last year, I finally paid to have 20+ cavities filled. I was told then that I would need four or more root canals at some point in the future. That time has come, and I’m angry. I shouldn’t have to pay for this out of my own pocket, when no one advised me of these issues. I, too, am looking for an attorney to help me. I contacted the drug company directly and they didn’t offer anything!
Comment by Carol on 5 March 2010:
Since 2004 we have spent over $70,000.00 on dental work as a result of Actiq and now I’m looking forward to a full upper plate and I have to complete work on lower implants which we just can’t afford.