Estate Claims Plaintiff Died From Overdose Of Fentanyl
During the late evening of Dec. 16, 2003, or the early morning of Dec. 17, 2003, plaintiff’s decedent Adam Hendelson, 28, a computer technician, was in his apartment at his computer while using a 75-microgram Duragesic pain patch prescribed by his doctor. The patch was for chronic hip pain from an injury in a car accident in 1996. The Duragesic patch delivers a powerful pain medication called Fentanyl. He died sometime that night.Individually and on behalf of his son’s estate, Lee Hendelson sued Janssen Pharmaceutical Products L.P. and ALZA Corp., on a products liability theory (failure to warn and design defect), seeking wrongful death damages. Plaintiff’s counsel contended that the patch delivered three times the dosage it was intended to provide, killing Hendelson.At the time of his death, Hendelson was taking two commonly prescribed antidepressants in addition to using the pain patch. The autopsy report attributed the cause of death to the combined effect of the three drugs in his system.
Plaintiff’s counsel argued that the only drug in the fatal range was the Fentanyl from the Duragesic patch and that the other two medications were within the therapeutic range.
The defense denied that the Duragesic patch was defective. Hendelson’s death was from an overdose of antidepressant medications. Defense counsel further argued that Hendelson must have used more than one pain patch shortly before his death. The defense disputed the level of Fentanyl in the decedent’s system as stated in the toxicology report from the medical examiner, claiming that it was inflated due to post-mortem redistribution.
Hendelson died. His father sought to recover for his mental pain and suffering.
A jury found in favor of the plaintiffs and awarded $5.5 million.