• Home
• Defective Drug Index
• About A Drug Recall
• Contact A Defective Drug Lawyer

We Can Help.

$16.5 Million Awarded in Duragesic Death Case

-December 8, 2008

Chicago jurors found Johnson & Johnson subsidiaries Janssen Pharmaceutica Inc. and ALZA Corporation liable in the death of Janice DiCosolo and have been ordered to pay her family $16.5 million. DiCosolo was a 38-year old mother of three from Cicero, Illinois who died while using a Duragesic(R) patch.

Duragesic Patch Prescribed to Ease Pain

DiCosolo was using a Duragesic patch prescribed to her by her doctor to help ease the pain she experienced as a result of her neurological condition, reflex sympathetic dystrophy.  Unfortunately the patch she used originated from a larger group of patches that ALZA recalled in 2004 due to the FDA finding deficiencies in ALZA's manufacturing practices and quality control assurance policies.

DiCosolo used the defective patch before the ALZA recall.  She died Feb. 15, 2004.

What is Duragesic?

Duragesic is a pain medication designed to provide lasting relief for moderate to severe pain. Duragesic slowly releases fentanyl, an opioid pain medication, into the body in an effort to battle pain. It is set to provide relief for three days.

Defective Patches Leaked Dangerous Doses of Fentanyl

The Duragesic patch contains a gel form of the highly addictive drug fentanyl, which is approximately 100-times stronger than morphine.  In the lawsuit, DiCosolo's family argued that the defendants were well aware of the Duragesic patch's defect, which resulted in the patches leaking large amounts of fentanyl.  People using a leaky patch were at risk of receiving an excessive and possibly lethal dose of fentanyl.

Claims of Negligence

"They knew this patch was dangerous and defective but they continued to sell it and make money, and that's the only reason Janice DiCosolo is dead," stated attorney Jim Orr, legal counsel for the DiCosolo family.

"They even knew there was a safer design, one that would prevent the fentanyl from leaking, but they chose not to use it," added Orr's partner Michael Heygood.

According to the lawsuit, DiCosolo’s husband received a letter from the drugstore that sold them the patch shortly after she died, warning him about the drug recall.

(Source: MarketWatch)

Have you or someone you love been harmed by a defective or recalled drug? If so, contact us immediately to speak with a qualified personal injury attorney who will fight to protect your rights.

• Reglan
• Raptiva
• Yaz Birth Control
• Nuvaring
• Duragesic Patch
• Heparin