Overview:
Thirty-five year old Cliff Cruse was found dead by his minor son near midnight on April 12, 2006. The toxicology report revealed a lethal concentration of fentanyl in his blood. At the time of his death, Cliff was wearing one 75 mg/hr Duragesic fentanyl patch manufactured, distributed and sold by Defendants. Duragesic is a 72 hour transdermal pain medication that is absorbed through the skin. The active ingredient in Duragesic is fentanyl, a powerful opioid narcotic with pain relieving properties. Cliff’s Duragesic patch was prescribed by his physician for treatment of his chronic back pain. There was no other source for the fentanyl found in Cliff’s blood and there was no evidence that Cliff has misused or abused his Duragesic prescription. The case was referred to Simon Law as medical negligence, but an unusually high amount of fentanyl was found in Mr. Cruse’s blood upon autopsy, warranting an investigation into the role of the fentanyl patch. A similar case occurred in Florida where a jury awarded a father 5.1 million dollars for the wrongful death of his adult son. After speaking with and hiring the same experts, it was found that many similar cases were pending around the country.
Strategy:
The family sought legal representation in St. Louis and filed a product liability case alleging that the Duragesic patch worn by Cliff on the day of his death was defectively designed and manufactured because, during the manufacturing process, small holes or slits could sometimes occur in the material containing the fentanyl gel. It was believed that the patch worn by Cliff leaked a fatal dose of fentanyl gel, which was then absorbed quickly into his skin while he slept. The concentration was too much for his liver to metabolize and Cliff died of respiratory depression caused by the overdose of fentanyl. This same product had been recalled in February, 2004 because Johnson & Johnson had reports of leaking patches from the field. As a result of the recall, changes were made to the manufacturing process, but the design stayed the same. The family alleged that not 100% of leaks could be ruled out despite the manufacturing changes or despite quality assurance and quality control measures. Recalls continued after Cliff’s death and in the summer of 2009, the company changed from the reservoir design to a matrix design, which does not leak.
Results:
In November, 2008, a Cook County jury awarded the husband of a woman who had died while wearing a Duragesic patch, 16.6 million dollars. Shortly before, another Florida jury awarded a family over 13 million dollars in a case involving similar allegations against the Duragesic patch. After two and a half years of litigation, the Cruse family agreed to settle their claims against the Johnson & Johnson Defendants for a confidential amount about one month before trial was scheduled to begin. Although the settlement was important to the clients, they were more satisfied with the positive industry change the case had influenced with the reservoir design being taken off the market.
