Recent Posts in Dangerous/Defective Drugs Category

The family of 7-year-old Kristen Spears filed a lawsuit against Allergan, Inc., the maker Botox, blaming them for their daughter’s death. Spears, who was diagnosed with cerebral palsy at a young age, began receiving large doses of Botox around the age of six to reduce the side effects associated with her cerebral palsy. Her family believes those large doses of Botox led to respiratory failure and pneumonia, which ultimately led to her death.

In their lawsuit, Spear’s family claimed Allergan was responsible for their daughter’s death because the company failed to adequately warn Spears’ pediatrician of the drug’s risks and side effects. But an Orange County, California jury has ruled that Allergan is not liable for Spears’ death. The jury said the company did provide adequate warning labels.

The jury's verdict didn't come easily. Some jurors felt that Botox did pose a risk of substantial danger that “ordinary consumers” would not have recognized, but ultimately decided that Allergan did not breach its duty to warn consumers of the drug’s potential risks and therefore should not be held liable for adverse side effects.

The attorney representing Spears’ family said they still believe the warning labels were inadequate, and plan to continue their fight against Allergan. In addition, he said his client is frustrated because the jury never addressed the question of whether or not the drug directly contributed to Spears’ death.

A New York man who claims he permanently lost his sense of smell and taste is suing the maker of Zicam Cold Remedy Spray for $75 million.

Paul Buck Jr. worked as the director of operations for an organization called Art Food LLC at the Metropolitan Museum of Art. In his lawsuit, Buck claims he relied on his sense of smell and taste for his job. He claims he used Zicam nasal spray from 2006 to 2009, and now suffers from anosmia, a condition in which a person can longer smell and taste.

Buck’s lawsuit states that Matrixx Initiatives, the company that manufactures Zicam, knew or should have known about studies that proved products containing zinc ions can cause permanent anosmia. The lawsuit says that Matrixx labeled the product in a way that lures consumers into using the spray, putting phrases such as “doctor recommended,” “safe and effective,” and a “patented homeopathic” remedy on the box.

Last summer the Food and Drug Administration issued a warning for all consumers to stop using Zicam nasal products immediately after it received more than 130 reports of anosmia.

A New Jersey man suffering from inflammatory bowel disease after taking the drug Accutane has been awarded $25.16 million in a personal injury settlement.

Andrew McCarrell, 38, filed a lawsuit against the drug’s manufacturer, Roche Holding AG, after being diagnosed with inflammatory bowel disease. McCarrell claims that he got sick in 1995 from taking the drug, and since then has had to undergo five surgeries, including one to remove his colon.

McCarrell claims that Roche failed to adequately warn consumers of the risks associated with taking the drug. Roche extended its sympathies to McCarrell, but said that the company, “acted appropriately in providing information about Accutane, including a direct warning about inflammatory bowel disease, to the medical, scientific, and regulatory communities.”

The jury sided with McCarrell, awarding him $25 million in compensatory damages and $159,000 for past medical expenses.

One of the jurors, Vince Packer, agreed that the drug wasn’t property labeled. “It was all about the wording on the label. It didn’t give a clear-cut explanation as to what you can get by taking this drug. That’s my issue—was it properly labeled?”

According to an article on ClaimsJournal.com, three separate personal injury lawsuits have been filed against Pfizer Inc., the pharmaceutical company that created the Chantix, the smoking cessation drug designed to help people quit smoking. 

The lawsuits all claim that Chantix led to attempted suicide and death, and that at the time the plaintiffs were taking Chantix, Pfizer never told doctors or consumers about the dangers associated with the drug, which includes depression and thoughts of suicide.  The plaintiffs also argued that Pfizer knew about these risks, but never informed doctors or patients.

Chantix did add warning labels to its packaging, but the attorney representing all three plaintiffs said it was not enough, arguing that Pfizer “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects, and disadvantages” of the drug.

Two of the plaintiffs claim they tried to commit suicide after taking Chantix.  The third is a wrongful death lawsuit filed on behalf of Annette Pine, who killed herself after using the drug. The article on ClaimsJournal.com does not say how long Pine was using the drug before she committed suicide.

The lawsuit, which claims that each plaintiff used the drug properly, is seeking both punitive and compensatory damages, medical and legal expenses, and funeral expenses for Pine.

In defending itself, Pfizer issued the following statement: “At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with prescription.”