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Jury Awards $16.6 M in Fourth Wrongful Death Duragesic Patch Lawsuit

An Illinois jury has awarded the family of a 38-year old wife and mother of three nearly $16.6 million in the fourth wrongful death lawsuit against Johnson & Johnson and its subsidiaries over its Duragesic pain patches.

The latest verdict

The latest verdict for $16.56 million was entered against Johnson & Johnson's subsidiaries Pharmaceutica Inc. and the ALZO Corporation who manufacturer Duragesic fentanyl pain patches. The patches contain fentanyl gel which is 100 times stronger than morphine. According to news reports, the wrongful death lawsuit was filed by the family of Janice DiCosolo, a 38-year old wife and mother of three.

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DiCosolo was prescribed the patch in 2004 to alleviate pain from a neurological condition, but died of an overdose. Her family sued the manufacturers, Johnson & Johnson subsidiaries Janssen Pharmaceutica Inc and the ALZO Corporation, for wrongful death and alleged that the patches were defective. A Chicago jury awarded them $16.56 million. This is the fourth verdict against Duragesic pain patch manufacturers in the past two years.

Previous verdicts The first two wrongful death verdicts came in 2006 and 2007 for a combined total of $6.3 million. The third verdict came only a few weeks ago when a Florida jury awarded the family of Susan Hodgemire, a 34-year old mother of five and an Army military policewoman, $13.3 million after she died from an overdose of a fentanyl pain patch which was prescribed after she underwent back surgery.

Other lawsuits pending

Legal experts say that the manufacturers face another 60 product liability / wrongful death lawsuits concerning the patches and the U.S. Food and Drug Administration (FDA) has issued a warning letter to doctors about the product's dangers. However, many believe that the pharmaceutical industry has convinced doctors that patches are more beneficial than harmful and that it all comes down to money in the end. Whether or not that's true, more and more overdoses are being reported and the awards in wrongful death and product liability lawsuits continue to escalate.

If you've been injured due to a pain patch, contact an attorney to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with an experienced products liability lawyer, please click here. We may be able to help.

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