A West Virginia judge has fined Johnson & Johnson $4.5 million for intentionally dispensing incorrect information about its Duragesic patches – even after the U.S. Food & Drug Administration (FDA) warned the company to stop.

Misleading consumers

According to news reports, Brooke County West Virginia Circuit Judge Martin Gaughan fined pharmaceutical giant, Johnson & Johnson, for continuing to send out brochures on its Duragesic pain patches – even after the FDA warned the company twice that the information contained false or misleading statements. While Johnson & Johnson has said that it will seek a new trial, lawsuits over Duragesic pain patches continue – and jury verdicts are on the rise.

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Lawsuits & jury verdicts increasing

Legal experts estimate that approximately 60 product liability / wrongful death lawsuits have been filed against Johnson & Johnson over its Duragesic pain patches. Jury verdicts seem to have increased over the past few years as well. In 2006 and 2007, there were two wrongful death jury verdicts that totaled $6.3M. Another verdict for $13.3 million was announced in early 2008 and a second for $16.6 million came down later in the year.

The patches are manufactured by Johnson & Johnson subsidiaries, Janssen Pharmaceutica and ALZA Corporation, and have sales of over a billion dollars per year.

What is a Duragesic pain patch?

Duragesic is the trade name for fentanyl transdermal therapeutic systems, or patches, which are used to provide relief for moderate to severe pain by releasing potent opioids through the skin. Most cases of severe injury or death come from patients overdosing on the product which can be caused by improper prescribing or application. The FDA has issued black box warnings on the product, the most serious warning the FDA can issue, and the companies have instituted several recalls of the product over the past few years.

If you’ve been injured due to a dangerous drug, contact an experienced drug litigation attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.

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