The case involved a Texas woman who had been in a car accident. She was prescribed a patch with fentanyl, a powerful pain medication. The patch was supposed to release the pain medication slowly, but the evidence showed that it released the medicine much too quickly. Fentanyl can shut down the brain’s respiratory center, and, after the patient died, it was discovered that she had 10 times the proper amount of medication in her system.

Johnson & Johnson, the maker of the patch, unsuccessfully argued that the woman had actually died of a heart attack caused by her obesity. The jury rejected this argument, finding that the evidence about the presence of fentanyl in her system—and the evidence showing that other patches made at almost the same time as that used on the victim had been recalled—was sufficient to show that the patch caused her death.

Although modern medical science can work wonders, this case reminds us that advancements in medical technology, like any human endeavor, can sometimes lead to mistakes.

Hurt by faulty products? Please contact our office for a free legal consultation. 

[Return To The Winter 2007 Texas Law Alert] [subscribe] [archives]