Drug Product Litigation

The attorneys at The Law Offices of James S. Rogers have represented individuals with claims against drug manufacturers and pharmaceutical companies. We have successfully represented clients in a variety of drug product liability cases, including:

Bausch & Lomb ReNu® with MoistureLoc® Contact Lens Solution


In 2006, the Center for Disease Control and Prevention requested retailers to remove ReNu with MoistureLoc from their shelves. The CDC was investigating over 100 cases of fusarium keratitis, a rare fungal infection that causes damages to the cornea. Medical problems included users having to undergo corneal transplants.

Yaz and Yasmin

Yasmin (generically called Ocella) and Yaz are two popular fourth generation birth control pills released on the market by Bayer Pharmaceuticals. What separates Yasmin and Yaz from other generation birth control pills is its use of the chemical drospirenone (DRSP). Recent studies have indicated that DRSP or progestin raises the potassium level in the body, causing potential severe side effects including heart attack, stroke, pulmonary embolism, deep vein thrombosis, gallbladder disease, pancreatitis, and hyperkalemia.

In September 2009, the U.S. Food and Drug Administration (FDA) sent a letter to Bayer Pharmaceuticals citing control problems at a plant in Germany that manufactures one of the ingredients in the drugs Yaz and Yasmin. According to the FDA, Bayer released at least eight out-of-specification (OOS) batches to the U.S. market that did not meet specification criteria.

Hundreds of Yaz/Yasmin lawsuits have been filed against Bayer. Those lawsuits generally allege that the drug maker: (1) failed to adequately research the products, (2) failed to warn about the risk of injury, (3) fraudulently concealed the risk of injury, and/or (4) misrepresented the safety of the drugs in comparison to other forms of birth control.

Fentanyl Pain Patch

Fentanyl is an extremely strong opioid, approximately 100 times more potent than morphine. Fentanyl transdermal patches (Durogesic / Duragesic / Matrifen) are used in chronic pain management. The patches work by slowly releasing fentanyl into body, allowing for long-lasting pain relief.

The U.S. Food and Drug Administration (FDA) has received hundreds of reports of fatalities linked to fentanyl patch use. The FDA is currently investigating these deaths. While the fentanyl contained in the patches was safe, a malfunction of the patch’s time-release mechanism failed, thus allowing fatal amounts of fentanyl to leak and to be absorbed by patients.

Related Case Histories

  • $1,000,000 settlement for a 40-year-old man who underwent multiple eye surgeries, including three corneal transplants, after using Bausch & Lomb’s ReNu with MoistureLoc Multi-Purpose Solution for contact lenses.

Resources

  • U.S. Food and Drug Administration (FDA)
    “The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health.”
    www.fda.gov