Fentanyl Pain Patch Lawsuits
The fentanyl pain patch is a topical pain patch that has been recalled due to a cut in the packaging that exposes patients to a potentially fatal amount of the drug. Victims who have experienced respiratory problems or other complications due to defective fentanyl packaging may be eligible to receive compensation for medical bills, pain and suffering and other expenses. In the event the victim dies as a result of toxic exposure, the victim's heirs may be entitled to compensation for wrongful death.
If someone in your family has died due to fentanyl's defective packaging, contact a wrongful death attorney to find out if your state has any time limits for fentanyl wrongful death lawsuits. Many states have statutes of limitations that place time restrictions of two years following the date of the death due to a defective drug. Victims who have sustained health complications as a result of using the fentanyl pain patch also should speak with an attorney as soon as possible.
Compensation for Fentanyl Side Effects
Patients who have suffered injuries from the fentanyl pain patch may be eligible to receive compensation for medical bills, loss of income and lost prospects. In addition, some may receive additional compensation in the form of punitive damages.
The fentanyl pain patch is considered to have a drug defect because of its faulty packaging, which can expose patients to increased doses of the drug; this, in turn, can potentially lead to respiratory depression (decreased rate or depth of breathing) or death, depending on the extent of exposure. If the victim dies as a result of fatal exposure to the drug, his or her family may be able to file a survivor claim as a continuation of the victim's personal injury claim. Family members are also eligible to file wrongful death claims to be reimbursed for medical and funeral expenses, lost future income, and pain and suffering.
Filing a Fentanyl Lawsuit
The fentanyl pain patch contains is a topical medication that is applied directly to the skin to treat chronic pain. Fentanyl works on a neurological level to decrease the feelings of pain, and is commonly prescribed to patients with cancer who do not respond well to other pain medications.
A voluntary recall was issued because of a cut in the packaging that could lead to respiratory depression or fatal overdose. As a result, several victims of fentanyl are filing claims against the manufacturers of fentanyl pain patches, including PriCara, which distributes duragesic pain patches; Sandoz, which distributes generic fentanyl patches in the United States; and Alza Corporation, which sells 25mcg/hour fentanyl patches in Canada. Depending on the state or province, defective packaging may be covered by strict liability for defects laws, which do not require negligence to be proven, or by specific pharmaceutical liability statutes.
When You Might Need an Attorney
If you or someone you love has been harmed as a result of the fentanyl pain patch, you may benefit from speaking to an attorney specializing in personal injury. Personal injury attorneys are able to identify when expert testimony is needed, which can help victims build stronger cases. In some instances, lawyers recommend victims join a class action lawsuit, which can potentially award hundreds of millions of dollars to victims. In addition, family members of those who have died from fentanyl overdoses can file wrongful death lawsuits. Your defective drug attorney will assess your case and help you decide which type of claim to file.
If you have come in contact with fentanyl gel directly, you should thoroughly rinse the area with water only and see a doctor immediately to evaluate your risk for fentanyl overdose.