Digitek Settlement Reached to Resolve Lawsuits Over Recalled Heart Drug

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A settlement has been reached that will resolve all outstanding state and federal Digitek lawsuits, according to federal court records. 

On September 1, attorneys for plaintiffs and defendants informed U.S. District Judge Joseph Goodwin that they have reached an agreement to settle Digitek lawsuits brought on behalf of hundreds of people who allege they suffered an injury as a result of a Digitek overdose. The cases stem from a 2008 Digitek recall that was issued after the drug maker allegedly distributed pills that contained too much of the drug.

Details of the Digitek settlement were not provided in the initial filing.

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Hundreds of Digitek lawsuits have been filed in state courts and federal district courts throughout the United States. The federal Digitek litigation is consolidated and centralized before Judge Goodwin in the U.S. District Court for the Southern District of West Virginia as part of a multidistrict litigation, or MDL.

On September 1, Goodwin assigned a “Special Master” who will be key in determining how much compensation each plaintiff will receive from the settlement. The Special Master will resolve claims for both federal and state cases.

Digitek is a generic version of the drug digoxin, used to treat congestive heart failure, abnormal heart rhythms, atrial flutter and atrial fibrillation. The medication is extremely dose-specific with a narrow therapeutic index. If too little of drug is prescribed it can be ineffective, and if too much is prescribed it can lead to a Digitek overdose, where the drug builds up in the system. This can result in a serious and potentially life-threatening condition known as digitalis toxicity.

In April 2008, Actavis Totowa issued a Digitek recall for all lots of the heart drug after it was discovered that some tablets may have been commercially released that were twice as thick as they were supposed to be. The error potentially exposed thousands of users to a risk of digoxin overdose or poisoning.

According to a December 2008 report released by the non-profit Center for Public Justice, the FDA received reports of at least 667 Digitek overdose deaths tied to the recalled pills between April 2008 and June 2008.

Tags: Actavis Totowa, Digitalis, Digitalis Toxicity, Digitek, Digoxin, Digoxin Overdose
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8 Comments

Helen
I was having so much complications I thought going to an attorney I would at least see a physician who could help me with the symptoms I was having. I have taken digitek since 2005 and was never tested for blood level until after the case of overdose due to double strength. Now physicians request this blood test constantly, and I am scared of this medicine. Now I am told if I cannot show lab work with the digitek level I have no case. I gave the attorney office a whole pack of tablets, but am told they have no way of testing the tablets, they want lab work results. To me it seems like after a few days the blood level would not show too high level, but the tablets would. I would like a response on this. Has a settlement been made and this is one way to make it impossible to collect anything?
Nancy
My Mom was told she had to sign a settlement that goes by a point system or get nothing at all, but yet they cannot tell the dollar of each point. They say her age makes a diiference on what her life is worth. She was 79 when she had a stroke but she was a private duty nurse still working 7am-7pm 5 days a week, going to kareoke night and enjoying life. She thankfully survived but she has no short term memory so she can’t do the job she loves,can’t drive herself anywhere, doesn’t remember when her children visit her and cries all the time because she thinks we don’t. She feels like a prisoner in her own home…which is a rental moble home because she lost the home she loved and her car and her vacation time share because she could not work & lost her $50,000 per yr income. All she has now is her social security and a lot of it goes to medical bills related to her stoke. We do have some of the bad pills in our possesion but it doesn’t matter she will probably die before these horrible people are made to pay anybody. I can not even begin to tell you how angry I am that she will spend the time she has left being so sad and there is nothing I can do to help.
Robert
Most of the people who took the pills didn’t have any left because they thought they were taking something to make them better. As they got worse physically they continued to take the pills to try and get better, all the while doing more and more harm to themselves. So the argument that you need these double strength defective pills in posession to demonstrate you took them is pure and total hogwash. My mother suffered many bradycardic syncopal falls as a result of these pills eventually falling and requiring total elbow reconstruction whickh inturn got MRSA and eventually had an above the elbow amputation and eventually died because of these complications. Her life was worth very little to these people. She was only 67.
Kimberly
Ihave to say i agree with some of these statements,my father was also a victim of the companies recklessness,yes he was older but he was doing wonderful,he had started paritanel (dyalises) for dieibeties at home he was doing absolutely great he had more color,energy, and wasnt teird all the time he was starting to get his life back.I was pregnant for his granddaughter he started a new refill of his medicine (Digitex) and he ended up in hospital, came home for a few days and ended right back in and was in for about 1month they sent him home and he was home 2 days and passed away Memorial Day .I was 6 months pregnant for my daughter.Hayden will never know what a wonderful grandfather she had,we never received notice of recall until after the damage was already done(he was in the hospital for the 2nd time.How can people put a price on the love of a parent or (grandparent)?I hope that the courts think about how it would feel if they had to walk these shoes,there is no price for a life time of love taken away,or a relationship between your children, or a grandfather and granddaughter.I would be able to accept his death if he had been sick,but i seen my father about 2 to3 xs a week and he was doing great!!! They cheated my dad and daughter, his kids and his wife of more shared days.
Cary
667 DIE OR WERE THEY WERE KILLED ????? BY ATCAVIS TOTOWA.LLC
Cary
My mother was happy, helping makeing food for a freind’s sick husband the day before Mother’s day 2008. On Mother’s day we missed her call, but the message she left was was happy and upbeat telling me thnak you for the gift. The next day she was rushed to the hospital and 6 hours later she was dead. Autopsy said renal failure due to too much digitek in her system We filed a law suit when we found out about the double dose didtek tables that were missed mark were reclled. Now they are trying to get me to sign an opted out settlement that goes by a point system, but yet they cannot tell the dollar of each point. They say her age makes a diiference on what her life is worth. I wasn’t aware that a pill company could tell when a person is going to die according to her age. The pill company murdered my mom they will be accoutable for her murder by this law suit and money. No amount of money will bring her back or replace her, but maybe it will make these pill companies think alittle more before relaesing this medine without better quality control. I am just a simple man who’s mother was taken before she was ready. I miss her terribly and they will not get away with just a slap on the hand for murder.
Mdntmank
This is as bogus as bogus can be my mother died because of this crap and now they are telling my mothers life was not worth squat. I spent eight months caring for my mother till she died, I quit my job to take care of her someone was paid off the attorneys the top dogs I will not settle for any amount at all bring back my mother lets call it even then. This a joke and just shows how the court system is a joke, three times my mother was put in to hospital the third time she died from high levels of this stuff. Like always attorneys dont care they want there cut no matter what settle out of court I say f that I would rather see them spending the money to fight it.
Jodois
Are you kidding me? This came out of nowhere, with everything set to go for the bellwether trials in January. How does something cut to black after it’s gone this far, ready for trial? The facts haven’t changed — all these people have died or been injured. And now, because they supposedly can’t find “proof,” it ends, just like that? It’s like acquitting a murderer because they can’t find the weapon. Methinks people near the top this were either paid off big time, or were threatened sh**less, to make it go away.

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