Lawsuit Names Generic Manufacturers in Cases of Darvocet Death
In recent Darvocet news, a lawsuit filed in the U.S. District Court, Southern District of Texas claims Darvocet death and other Darvocet injuries on behalf of over fifteen plaintiffs from across the country. Though brand-name manufacturers Xanodyne and Eli Lilly are named as defendants, so too are generic manufacturers Teva, Qualitest, Vintage, Generics Bidco I, and Mallinckrodt. In fact, all the plaintiffs took the generic form of the painkiller.
In June 2011, the Supreme Court ruled that generic manufacturers were to be held blameless in cases of liability as long as their labels exactly matched those of the brand name drug. Following that decision, a Darvocet lawyer was likely to think twice about pursuing litigation against generic manufacturers. Still, that left several injured patients without legal recourse for their injuries. Might this lawsuit demonstrate a potential solution—by holding both the brand name and generic manufacturers responsible?
How to seek compensation for Darvocet death from generics?
The June case that was presented to the Supreme Court involved plaintiff Gladys Mensing, who took the generic Reglan for heartburn, and generic manufacturer Actavis and Teva. (Teva is also named in this Darvocet lawsuit.) Justice Clarence Thomas agreed with the defendants that as long as their drugs copied exactly the name brand drug labeling, they could not be accused of failing to provide adequate label warnings.
The Darvocet lawyer in this latest case acknowledges that, “manufacturers of generic drugs are prohibited from deviating from the labels and warning the manufacturer of the brand name drug uses.” The complaint goes on to state that only the maker of the brand name drug can petition the FDA to change their labels and warnings, and therefore blames Xanodyne for failing to do so.
Still, the generic manufacturers are clearly named as defendants, and lumped together with the brand name manufacturers in claims of negligence, fraud, and breach of warranty.
Darvocet death caused by abnormal heart rhythms
It wasn’t until 2010 that the FDA finally implemented a Darvocet recall, following a review of scientific literature that showed a clear relationship between the painkiller and electrical changes in the heart that could cause Darvocet death by fatal cardiac arrhythmia. The Darvocet news at the time focused on how for years data had existed on the health risks of the drug, including accidental overdose, but the FDA dragged its feet on protecting the public until this last review.
Darvocet lawyer trying dual approach
The Supreme Court decision was seen as a serious setback to each Darvocet lawyer seeking justice for his or her clients, but even immediately following the verdict there was speculation that the solution may be to hold the brand name manufacturer responsible for injuries caused by generics. This latest Darvocet lawsuit is doing just that, which makes it one to watch to see just how it will fare in court.
All plaintiffs allege that Darvocet caused Darvocet death and other injuries including heart arrhythmias, heart attack, and sudden Darvocet death, with lasting damages including physical pain and mental anguish, diminished enjoyment of life, and the need for lifelong medical treatment. For those who lost loved ones to Darvocet death, they are also claiming pecuniary loss, loss of companionship, and loss of inheritance. The Darvocet lawyer is also seeking medical expenses and punitive damages.
- Medication Guide - Darvocet (propoxyphene napsylate and acetaminophen) tablets. http://www.fda.gov/downloads/Drugs/
- Manufacturer Pulls Darvon, Darvocet; FDA Wants Generic Makers to Do the Same. http://abcnews.go.com/Health/PainArthritis/painkillers-darvon-darvocet-coming-off-us-market/story?id=12194165