Colonoscopy Prep Kidney Failure Lawsuits Filed Over Fleet Phospho-soda

Four new Fleet Phospho soda lawsuits were filed last week against C.B. Fleet Co. alleging that they promoted their over-the-counter laxative at double doses for use during colonoscopy prep, which caused the plaintiffs to develop severe and potentially life-threatening kidney failure.

The lawsuits were filed on behalf of two women and two men from Virginia, with each case seeking more than $10 million in compensatory damages and $350,000 in punitive damages as a result of kidney problems caused by the colonoscopy prep.

Fleet Phospho-soda is an oral sodium phosphate solution which was available without a prescription for use as a laxative until it was recalled in December 2008. However, for over 15 years, C.B. Fleet Co. promoted use of the solution at double doses to cleanse the bowels as part of colonoscopy prep.

To allow a doctor to examine the large colon and part of the small bowel during a colonoscopy, it is necessary for the colon to be free of solid matter. Therefore, patients are asked to alter their diet for up to three days before the procedure and purgatives are often administered to clear out the bowels.

Although the oral Fleet laxative was not approved by the FDA for use during bowel prep, the manufacturer encouraged doctors to recommend that their patients purchase two bottles of Phosphosoda to use a double dose of the laxative to cleanse the bowels instead of using an alternative colonoscopy prep product.

The colonoscopy kidney failure lawsuits allege that C.B. Fleet Co. continued to promote higher doses of their product despite knowledge that it could cause a form of kidney failure known as acute phosphate nephropathy, which could result in the need for dialysis treatment or the need for a kidney transplant.

All four of the plaintiffs took double doses of Fleet Phospho-soda, which did not contain information about the health risks associated with the use of the laxative at double doses.

According to the Roanoke Times, none of the four plaintiffs had a history of kidney problems before taking the double dose of Fleet Phospho-soda and all have since developed kidney failure. One of the plaintiffs has also required dialysis treatment for his failed kidneys and another will likely require a kidney transplant.