Chicago Jury Orders Johnson and Johnson to Pay Illinois Family $16.6 Million for Wrongful Death of Mother Who Used Defective Pain Killing Patch
In Illinois, a Chicago jury is ordering two Johnson and Johnson units to pay $16.6 million to the family of a woman who died after using a defective Duragesic pain-killing patch. A doctor had prescribed the patch to her to combat the pain she was experiencing from reflex sympathetic dystrophy, which is a neurological disorder. Janice DiCosolo, a 38-year-old mother of three, died in February 2004.
It took the 12-member jury two days of deliberation to determine that the cause of DiCosolo’s wrongful death was the fentanyl overdose she received from the Duragesic patch. The patch, intended to counter chronic pain, is made by defendant Alza Corp, which is owned by Johnson & Johnson, and is distributed by co-defendant Janssen Pharmaceutica, also another J & J unit.
During the Chicago wrongful death trial, the family’s Illinois products liability lawyer accused the defendants of continuing to sell the patch for profit even though they knew it was dangerous and defective. A spokesperson for the defendants says they disagree with the verdict and are considering an appeal.
J & J is the world’s largest manufacturer of medical devices. Last year, J & J made $1.16 billion in Duragesic patch sales. The patch is J & J’s seventh largest selling product.
This Chicago wrongful death verdict is the fourth one against the J & J units over the painkilling patches. Just last month, a Florida panel awarded the family of a 34-year-old mother of five over $13 million because she died in 2002 after using the Duragesic patch. The J & J units are facing another Chicago personal injury trial involving the defective medical device early next year.
Defective Medical Device Lawsuits
Medical device manufacturers and distributors are obligated to make sure that all their products are safe for use and free from defects. If you or someone you love suffered serious injuries because of a defective medical device, you may have grounds to file an Illinois products liability lawsuit.
J&J must pay $16.6 mil to Glenview family for pain-patch death, The Daily Herald, November 17, 2008
Jury awards nearly $16.6M in Ill. skin patch case, CNN, November 18, 2008
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