Parker Waichman Alonso LLP Files Suit Against Xanodyne Pharmaceuticals Inc. on Behalf of a New York Woman Injured as a Result of the Painkiller Darvocet
Port Washington, NY - December 10, 2010 - Parker Waichman Alonso LLP announces that they have filed a lawsuit against Xanodyne Pharmaceuticals Inc. on behalf of a New York State woman who experienced a near-fatal cardiac arrhythmia as a result of using the painkiller Darvocet. The lawsuit was filed in U.S. District Court for the Eastern District of New York ( Index No. 10-5737) and assigned to Judge Weinstein.
According to the complaint, the Plaintiff was prescribed Darvocet, also known generically as Propoxyphene Napsylate and Acetaminophen, for pain in February 2010. Prior to taking the drug, the Plaintiff did not have a pre-existing cardiac history and had never suffered a cardiac arrhythmia. Shortly thereafter, she experienced a near fatal cardiac arrhythmia as a result of taking Darvocet. The plaintiff was forced to undergo painful electrocardioversion and numerous other invasive cardiac procedures including cardiac ablation. The lawsuit alleges that because of her use of Darvocet, the Plaintiff sustained severe, permanent and life threatening personal injuries, pain, suffering, emotional distress, lifelong fear of premature death and the need for continued lifelong cardiac monitoring, treatment and medications.
Darvocet, an opiod painkiller used to treat mild to moderate pain, has been available for more than 30 years. Despite being petitioned by public interest groups to investigate whether Darvocet was linked to serious and potentially fatal heart arrhythmias, Xanodyne Pharmaceuticals refused to do so until July 2009, when it was ordered by the U.S. Food & Drug Administration (FDA) to conduct a safety study assessing unanswered questions about the effects of Darvocet on the heart. In June 2009, the European Medicines Agency (EMEA) recommended that the marketing authorizations for Propoxyphene-containing medications be withdrawn across the European Union for safety concerns. The lawsuit alleges that Xanodyne Pharmaceuticals continued to ignore the correlation between the use of Darvocet and the increased risk of developing potentially fatal heart arrhythmias, despite the wealth of scientific and medical evidence available.
The results of the study ordered by the FDA indicated that even when taken at recommended doses, Propoxyphene causes significant changes to the electrical activity of the heart. These changes, which can be seen on an electrocardiogram (ECG), can increase the risk for serious abnormal heart rhythms that have been linked to serious adverse effects, including sudden death. On November 19, 2010, the FDA announced that Xanodyne Pharmaceuticals had agreed to halt all U.S. Marketing of Darvocet after it was determined that the drug’s benefits were outweighed by the risks associated with its use, specifically the potential of the drug to cause serious and potentially fatal heart arrhythmias.
“This is a classic case of a company that put profits before safety and that point is made crystal clear in the Xanodyne website, which repeatedly highlights the company’s goal of maximizing its profits by taking shortcuts in research and product development. In July 2009, they again delayed the removal of the Darvocet from the market, only to see it removed in November 2010 for the same concern the FDA expressed then,” said Matthew J. McCauley, an attorney with Parker Waichman Alonso LLP. “Our client was one of millions of people who took Darvocet during that time period and while the company benefited financially by the millions of prescriptions that were paid for by its users, our client nearly paid for it with her life and at 31 years of age, she will continue to pay for it for a long time to come, hopefully.”
Mr. McCauley added that the concern associated with the Darvocet recall is enormous. "We are receiving over 1000 calls per day from potential clients who are concerned that they have been injured by this drug. Yet, despite the magnitude of fear that has been set upon millions of Darvocet users, Xanodyne has done nothing to calm their worries or address their concerns,” he said.
The lawsuit filed by Parker Waichman Alonso LLP sets forth allegations against Xanodyne Pharmaceuticals including Strict Products Liability, Negligence, Breach of Express and Implied Warranties, Fraudulent Misrepresentation, Fraudulent Concealment, Negligent Misrepresentation, and Fraud and Deceit.
Parker Waichman Alonso LLP continues to offer free legal consultations to victims of Darvocet. If you or a loved one suffered injuries because of Darvocet, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
About Parker Waichman Alonso LLP
Parker Waichman Alonso LLP is a leading personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York, New Jersey and Florida. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective drugs, medical devices, and other products.
For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
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