Plaintiffs v Makers of Fentanyl
Family of Dead Alta. Man Seeks Class-Action Lawsuit Against Drug-Makers
The last time Ellen Robb spoke with her brother, he was doing chores and laundry at home, optimistic that with his chronic back pain under control, he would soon be back at work as an electrician.
Four days later, after many unanswered phone calls, Robb found Doug Hoy dead on his apartment floor, barefoot as if he were on his way to get his laundry basket across the hall.
A toxicology report revealed Hoys blood had three times the safe amount of fentanyl, Robb said.
Fentanyl is an opiate 80 to 100 times as strong as morphine, and approved for use as a pain medication in Canada and the United States.
Hoy had been prescribed the fentanyl patch to treat his severe chronic back pain after another powerful opiate, OxyContin, failed to bring relief.
Now, Robb and her family have taken steps to launch a class-action lawsuit against five pharmaceutical companies, alleging the companies that design, test and distribute fentanyl patches were negligent in warning people about the risks of breathing problems or death, as well as severe weakness, drowsiness and confusion.
The court has been asked to certify a class-action lawsuit that people from across Canada could join.
Named in the court documents are Ratiopharm Inc., Janssen-Ortho Inc., Novopharm Ltd., Cobalt Pharmaceuticals Inc., and Ranbaxy Pharmaceuticals Canada Inc.
The class-action suit, filed by Merchant Law Group LLP, is seeking an undetermined amount in damages for loss of income, pain and suffering and costs of future care for those living with long-lasting effects.
The patch sold under the brand name Duragesic was suspected of contributing to at least 52 deaths in Canada from 1992-2007, according to Health Canadas Adverse Drug Reaction Database.
Hoy didnt know these details, his sister said. Nor did he know about warnings from the U.S. Food and Drug Administration that improper use of the powerful narcotic replacing the patch too often, applying more than one patch or applying heat to the pad, which increases the amount of fentanyl that reaches the blood could end in death. When that warning came out in 2005, the FDA was investigating 120 deaths potentially linked to the drug.
Robb alleges her 56-year-old brother was using the patch properly and died from breathing problems and oxygen deprivation brought on by fentanyl toxicity.
Nicholas Robinson, a lawyer with Merchant Law Group, estimated that hundreds of people may be ready to join the case.
He said his office is currently working on getting a certification hearing.
For more information please contact:
Nicholas Robinson
Merchant Law Group
1-888-567-7777
1-800-529-9377
1-800-LAWYERS
merchant@merchantlaw.com
