Sandoz makes a generic version of the Duragesic fentanyl pain patch. The patch uses the same design as the Duragesic patch, and is in fact manufactured in the same factory as the brand name Duragesic patches. This lawsuit alleges that the Sandoz fentanyl patches are designed, manufactured, and sold with a defect.
1. Manufacturing Defect
20. More specifically, the Vogel Patch was defective because of the existence of a manufacturing flaw that made the product unreasonably dangerous for its intended or reasonably anticipated use at the time it left the Patch Defendants' control. The Vogel Patch was not reasonably safe for its intended use because it did not conform to its intended design and failed to perform as safely as the intended design would have performed. Decedent used the Vogel Patch as prescribed and in a reasonably anticipated manner The manufacturing defect was a direct and proximate cause of Decedent's death and the damages claimed herein. Without limitation, the Vogel Patch was defective because it malfunctioned and did not perform as intended and designed. Without limitation, the Vogel Patch was defective because it had a seal defect.
2. Marketing Defect
21. Pleading further and without waiver of the foregoing, the Patch was defective because the Patch Defendants failed to warn of risks and dangers associated with the foreseeable uses of the product at the time the Vogel Patch was manufactured, distributed, and sold in the course of the Patch Defendants' business. The Patch Defendants, who exercised substantial control over the warnings and/or instructions, had reason to anticipate dangers inherent or reasonably foreseeable in the use of the Patch, but failed to provide adequate warnings and/or instructions. The absence of such warnings and/or instructions made the product unreasonably dangerous at the time of sale when used as reasonably anticipated without knowledge of its characteristics. Decedent used the Patch as prescribed and in a reasonably anticipated manner The Patch Defendants' failure to warn and/or instruct was a direct and proximate cause of Decedent's death and the damages claimed herein.
3. Design Defect
22. Pleading further and without waiver of the foregoing, the defective design of the Patch rendered it unreasonably dangerous for its intended or reasonably anticipated use. The Patch's design was unreasonably dangerous because, inter alia, it failed comply with existing technology or the state of the art. The Patch Defendants could have used a safer alternative design that was economically and technologically feasible at the time of the manufacture. Specifically, the Patch Defendants could have utilized the matrix technology or the sealed multi-laminate design to manufacture the Patch instead of the reservoir technology. These technologies are safer alternative designs in that they are associated with fewer defects involving seal integrity and the matrix technology was even in use by the Patch Defendants and/or others to manufacture fentanyl patches at the time the Vogel Patch was manufactured. Decedent used the Patch as directed and in a reasonably anticipated manner. The design defect was a direct and proximate cause of Decedent's death and the damages claimed herein. '
This lawsuit alleges that a defective Sandoz patch killed Louise Vogel.
