Fentanyl Pain Patch Wrongful Death Lawsuit Results in $13.3 Million Verdict
Published: October 30th, 2008 • Comments: 23
A Florida jury has returned a verdict in a wrongful death lawsuit that calls for Johnson & Johnson subsidiaries to pay $13.3 million to the family of a woman killed by their Duragesic fentanyl pain patch.
The lawsuit was filed in Seminole County, Florida by Susan Hodgemire’s husband and five children. The 34 years old mother died in June 2002 of a fentanyl overdose after placing two Duragesic pain patches on her skin for pain relief after back surgery.
Duragesic is the brand name for fentanyl pain patches, which are also now available under several generic labels.
They are designed to provide pain relief over an extended period of time by gradually releasing fentanyl directly through the skin in a controlled fashion. However, hundreds of fentanyl overdose deaths have been caused by manufacturing defects and inadequate warnings provided by the manufacturers.
The Seminole County Jury awarded the family $13.3 million on October 29, 2008, in the third fentanyl patch lawsuit to reach trial.
The first two fentanyl patch lawsuits to be decided by a jury resulted in combined verdicts of $6.3 million in favor of the plaintiffs. The first case was won in July 2006 by the family of a Texas woman and the second case was won in June 2007 by the family of a Florida man.
A fourth fentanyl pain patch was scheduled for trial to begin this week in Chicago.
Johnson & Johnson and their subsidiaries currently face over 60 Duragesic patch lawsuits according to an August 2008 filing with the U.S. Securities and Exchange Commission. However, lawyers investigating fentanyl patch cases are continuing to review other cases and the total number of lawsuits filed is expected to eventually top 200.
Comment by R. Jesterhoudt on 16 December 2008:
Most lawsuits involving Fentanyl involve the Fentanyl patch. I’d like any information about any deaths involved in the use of Fentanyl through intravenous push. I suspect that no doctor in their right mind would introduce Fentanyl through this method, except for the incompetent “quack” that executed my 85 year old mother a few weeks ago. Official cause of death: severe coronary. Still awaiting the toxicology report.
Comment by Jamie on 20 December 2008:
1. the mother of 5 that died in this article is my mother. No amount of money will ever bring her back or make the pain just go away. The only thing that would EVER do that is to get her back and not lose her to carelessness like this again!! 2. on the comment by R. Jesterhoudt being pregnant with my 2nd child and having severe problems in the pregnancy the only thing that the hospital can give me due to an asprin allergy is fentanyl and they give it to me intravenously with losing my mother due to the med. can you imagine how terrified i am to even get checked out for pain anymore? but i am not an incompetent quack so “YES” they are administering it to anyone!!!!!!!!!!!!!!!!!!!!!!!!!!!
Comment by steve on 28 January 2009:
my wife used these patches for years and she passed away on nov 13th 2008
Comment by stacy on 9 February 2009:
My grandparents and uncle were killed by a man wearing this patch in a car accident in ‘06. He had 3-4 times the amount that is suppose to be in one patch. All this man gets is probation because the prosecution won’t take it to jury do to this class action lawsuit, and because the doctors that prescribed the patch don’t have to show up to court because it is a federal hospital “VA” .
Comment by jacqueline on 16 April 2009:
My husband used these patches for years and he died on september 26,2007. He had a massive heart attack. he was 47 years old!!!!!!!! so I’m a widow trying to raise , support ,and comfort my 3 daughters and two step-children. I hated those patches because they totally change him. I can’t get him back but if i could stop someone else losing a loved one due to the fentanyl patch it would worth the fight. i see them as DEATH!!!!
Fenetanyl patches should be more monitior when prescribe by doctors.
Comment by Scott on 19 May 2009:
JAMIE- you have to remember that this article is very vague and does not go into alot of the details of the case or of the drug itself. I know you’ve suffered alot, all of us have. But you cannot lash out at people that comment on this because they really don’t know all the subtelies of what is really happening here. You should see the mess your borther is going though in school as a result of all this. Keep your head up kiddo. We all love and miss you. -Dad
Comment by Donna on 22 June 2009:
My brother in law died on April 16, 2009. He was only 49 years old Manner of Death was accidental Fentanyl overdose. He was perscribed the patch only a month before he passed. He only took what was perscribed to him and no more. He had a major heart attack from the fentanyl patch. The medical examiner confirmed this and the toxicolgy report. Very sad. His life was cut short, because of this drug. With all the lawsuits and overdoses caused from this drug, why hasn’t the FDA pull the patches off the market? My sister is a 47 year old widow now and my 3 neices lost a loving father.
Comment by Donna on 22 June 2009:
Gosh Jacqueline,
Your story is the same exact one as my sister. I am so sorry for your loss. My sister has 3 daughters also. Her husband died on April 16, the day of your post. He was only 49. My sister said the same thing, how different he was on the patch. He even hated how it made him feel. He was only on them for a short time. He suffered with cronic back pain. It seems like these stories are the same……people suffering heart attacks on this patch and calling it accidental overdoses. I wonder if these doctors check the patients hearts, before perscribing this drug. I know in my brother in laws case, the doctor never did any test on his heart. He was giving the patch about a month before he died. The medical examiner also said that he had heart desease. If that is the case and this crap causes heart attacks, this doctor should have checked his heart for desease first, before allowing this drug to take my brother in laws life. My thoughts and prayers are with you, your family and all the other families who had their loved ones life cut short because of this patch. Again, why hasn’t the FDA pull this drug off the market is my question?
Comment by Joyce on 30 June 2009:
My son died 2-25-07 due to fentanyl intoxication, he turned 34 the week before. He left behind 3 daughters as well as his mom, dad, brother, wife etc. We were gathered for a family birthday party and my mom (82 yrs old) found him in the bathroom, dead . After investigating on my own I found out less than 2 days before he was a patient at a local ER and was given an IV of morphine. When the EMS squaud got there one of the responders said he could guarantee us that the fentanyl patch would be the cause of death. He was right. How long can the FDA ignore this?
Comment by Lauren on 7 July 2009:
Good riddance. My father, aged 49, died a year and a half ago due to a fentanyl overdose, lawsuit pending. He left behind two sons and me, his daughter, along with a large loving family and two kittens he had adopted two montsh earlier. He had just moved into a new place and was ready to start fresh in a new town. My dad died of an overdose, not a heart attack or anything else. He was in pretty good health otherwise, just in chronic pain due to horrid back pain. My dad was never the same on those horrid things. Because of that one incident, I don’t think I’ll ever trust a doctor or a drug company again. Medicine is supposed to improve lives, not end them. I’m only 16, and unless you’ve been there, you have no idea how hard it is trying to grow up without your best friend there for you. The doctor that prescribed them to him never checked his weight. It dropped dramatically over a period of a few years he was on it. Instead of decreasing the dose as his weight went down, she upped it. She now is getting ready to lose her medical liscense. You have no idea how hard it is finding a lawyer who can take down these drug companies. They make you jump through every hoop because they know they have done wrong. It is only a matter of time before the FDA realizes this. I don’t want to see another daughter grow up without her father.
Comment by Tia on 15 July 2009:
My mother passed away Feb 4th 2007 from the fentanyl patch. She was on other medications and her doctor knew this and prescribed her this patch without thinking of the interactions and the strenth of this drug. I just got married 2 months ago and my mother was not there with my family to join in the happiest day of my life and will never meet my children when I have them. This drug is ruining peoples lives and they are still prescribing it to people without diclosing the side effects.
Comment by Judy on 23 August 2009:
My Mother just passed recently on 6-15-2009 from fentanyl toxicity thats what the toxicology report said. The day she died was the most dramatic day of our life she left behind 5 children me the youngest at age 24 and and just shy of my 25 birthday one week prior of her death. The worst is she was found in her bed by my father who yelled for me to save her and i did the best i could until the ambulance came i have to live with that day for the rest of my life because those stupid patches which should have not been prescribed in the first place. What kills me is that she was taking them for years until just recently she started taking the 25mcg/hr to cut off of them and it took the best of her she wasnt the same person that i knew growing up it drained the life right out of her. My mother was a respected LPN who just did not deserve to die and leave the ones she loves left behind. I Miss you mom, I wish i could turn back time and change every thing to be there that morning just alittle sooner to have saved your life, but i know that just wishful thinking RIP.
Comment by Beth on 30 August 2009:
My mother passed away in Feb of 2003. She died of congestive heart failure but she did use the duragesic patch for quite awhile. She had osteoarthritis and herniated discs. She wore several patches on her arms and I had to write the dates on them to know when to change them. The odd thing was she was still in pain. No one seemed to think this was out of the ordinary but now I wonder. When she went into the hospital several times the nurses seemed amazed she was still functioning. Does anyone think I have a case?
Comment by christie on 27 September 2009:
My mother passed away march5, 2009 due to respitory failure. She used thoses patches daily for about 2 years. I watched her whole appearance and personality change, as well as breathing problems that came along with this patch. In the days prior to her passing she was delerious and saying things that didnt make sence. I miss my mother and she probably had alot more years left in her.
Comment by Rita on 6 October 2009:
My beautiful 25 year old daughter lost her life to accidental fentanyl poisoning in May 2009. She just picked up the 75mcg patch the day before and died several hours later from a lethal dose. No other medications were found in her toxicology report. She left behind two small children, a husband and her dad and myself and her brother. We all love and miss her so much. This is a pain that no one should ever have to endure. God rest her soul and may she never be in pain again.
Comment by Rachel on 4 November 2009:
My husband has been taking percocet since 2003 for chronic lumbar pain. In July 2009, hebegan to experience intractable abdominal pain. He was started on the fentanyl patch in July 2009. On October 26, 2009, he suffered a heart attack at the age of 48. Fortunately, I was able to get him to the ER and had an EKG, which determined a heart attack…he was rushed to the cath lab and had a heart cath procedure, which revealed blocked coronary artery and stents were placed to open the artery allowing blood flow to the heart muscle. Thank God!!! That was a major scare since I could have lost him. I have wondered whether the fentanyl patch could have contributed to the heart attack. However, my husband continues with the patch and the side effects that he experiences are cold clammy skin, excessive sweating, increased fatigue, and loss of appetite. I am concerned about my husband since he mentioned that labs to check the fentanyl level in his blood were ot ordered since start of the fentanyl patch.
Comment by Rand on 12 November 2009:
My 54yr old sister collapsed face first on concrete from addiction to dilaudid in August concurently with spinal blocks every six weeks. A month later after acute withdrawls the same doctor prescribed a 25mcg along with a 75mcg patch and died six days later in her apartment. Wrongful death lawsuit?
Comment by ALEXANDRIA on 22 November 2009:
My Mother died August 19, 2008. Her death certificate states “accidental fentanyl patch overdose.” I contacted 1 attorney firm, they sent me a letter a month later stating they could not take my case. I don’t understand? Anyone have advice or knowledge in this area?
Comment by S Burgess on 18 December 2009:
My mum died suddenly this year from fentanyl overdose. She was found dead in a hot bath. She had no idea that it was dangerous to take a hot bath while wearing these patches, and had never been warned not too.
Comment by Deb on 9 February 2010:
My husband died October 25th of this year after being put on the 50mg Fentanyl Patch.Yes,he was terminal and on Hospice care but the patch sent him over the edge.It totally constricted his breathing…..This has caused hurt for our whole family…I complained to Hospice…got no results.He had been very alert and was dying a very natural death…not after being put on the patch.
Comment by Vicki on 27 February 2010:
My son is 34 and had he colon removed 7 yrs ago to ulcerative colitis, Because the steroids they treated him with did not work. But Thomas Jefferson Univeristy said the steroids caused his avascular necrosis, dead bone of all joints. Hip replacement, so far, shoulders, knees, wrists, all. He was given the fentanyl patch about 5 yrs ago. And has crashed his life twice to the gutter from pain meds at pain management. These are sick places in my eyes. The last time he was taken away and went through detox in June of 09. He was in 5 differnt mental health units through out PA.And tried kiling himself 3 times getting off of them. I had to move to 2 blocks from work. He can’t take care of himself. He can’t handle pain so he says without patch. So now it is February and the Dr put him back on 25 mg. I have power of attorney, disperse meds, and since Dr put him back on the patch in Dec. He has not gotten out of bed since. He lays day and night with the covers over his head. I am trying mental health for both him and I. He could care less now about anything but his meds. He hates the patch and is now wanting to go back on the methadone, because fentanyl is an OPIATE! WHAT in Gods name is with Dr’s and Pharmaceuiticals. If he sees 45 I will be amazed. I called counseling for myself yesterday, because I don’t know what to do. Please help. I have fairly descent job, work non stop, becuase I and he will never have a life. He won’t go anywhere or wants nothing. He just lays and gets up for diner and goes back to bed. He is so addicted to the patch I can’t stand it. So now he starts at the bottom of 12mg to 25 then on up the ladder till then something on top of that because no matter how much you take, you still need more, then more because after a period of time it does not work and you need more and more. And Pain Management gives you tests to make sure that you just don’t stop breathing on the stuff. He has not had a girlfriend since he started taking the patch. He will never have a normal life because of the disease and drugs they prescribe. Do I ask medicare for a nurse to come in and help me change bedding and bathe him? It went from trying to kill himself off the patch, then back on and he is laying in bed 24/7 since Nov/Dec.
Comment by Carol on 2 March 2010:
My Mother died from Fentanyl intoxication, November 2008. She died slowly from respitory failure and I believe could have been saved. She took Vicadin for pain from athritis and carpel tunnel. Why Fentanyl patches were prescribed is beyond me. My mother had a history of abusing pain medication…..So why would a doctor give a person with an addictive personality a drug so lethal. I realize that we are all responsible for our choices, but doctors should not have this type of power to use so irresponsibly. My mothers life had value even if she suffered from prescription abuse. The year my mother died was one of her happiest, she had a purpose which was to care for her mother full time as she spent her last days at home instead of with hospice. The crazy part of all of this was my grandmother, Her mother buried her daughter 5 months before her own death. She was lucid enough to realize that her daughter died from a poisoning of Fentanyl which could have been prevented.
Comment by Sabrina on 7 March 2010:
My grandma was diagnosed with breast cancer December 3, 2009. They removed her left breast January 18, 2010. However, within two weeks the doctor came it and told us the cancer had started to spread and was now in her liver. They sent her home with the diagnoses of a few weeks to a couple of months left to live. She was not goin to be in any pain he said and for the most part she wasn’t. She was put on Hospice, but she doin good she was still up and getting around and doin her normal stuff for the most part. Then she started complaining about some pain where her insision was so the hospice doctor (without coming out to see her) put her on hydrocodone but it didnt really seem to help so they gave me morphin to give her only 5mg but she didnt like the way it made her feel so again without coming to see her the doctor changed her meds and put her on the fentanyl patch and within a day of being on it she started sleeping alot more i couldnt hardly get her to stay awake to even eat. Then about three days later on Valetines night at 10pm she went to sleep and sisnt wake up again. She slept for two days and passed away on February 16, 2010 at 1:12pm. They say it wasnt the cancer that killed her that it was congestive heart failure. I can;t help but wonder after reading all these posts if it wasnt due to the fentanyl patch. Please those of you how have been through this please let me know what yall think. We haven’t got any reports back from the coroner yet.