Lawsuits have alleged an association between ACTIQ, a “fentanyl lollipop” and patient deaths.
Wrongful death lawsuits against Dr. Stephen Schneider allegedly involve ACTIQ and fentanyl overdose, and Cephalon Inc., the manufacturer of ACTIQ, has been named as a defendant:
In December 2008, the family of Robin Geist-Wick – a 45-year-old patient who died of fentanyl intoxication on May 15, 2007 – added Cephalon as a defendant in its wrongful-death lawsuit against Schneider and another doctor from his clinic, Lawrence Simons, who also had treated Geist-Wick.1
According to the complaint, Dr. Schneider had prescribed ACTIQ for Ms. Geist-Wick’s migraine headaches. Other lawsuits are also pending.
According to attorney Fred Pritzker, “Fentanyl, the active ingredient in ACTIQ, is a strong and dangerous drug that requires the utmost caution by both doctors and patients. We see many cases in which people die as a result of not being properly screened, trained, and instructed regarding use and danger of this drug and the various systems used to deliver it to the human body.” Fentanyl is 80 to 100 times stronger than morphine.
ACTIQ is approved by the FDA for use for pain management on cancer patients, who experience excruciating pain. The ACTIQ label reads as follows:
ACTIQ is indicated only for the management of breakthrough cancer pain in patients with malignancies who are already receiving and who are tolerant to opioid therapy for their underlying persistent cancer pain. . . .
ACTIQ is intended to be used only in the care of cancer patients and only by oncologists and pain specialists who are knowledgeable of and skilled in the use of Schedule II opioids to treat cancer pain.
Because life-threatening hypoventilation could occur at any dose in patients not taking chronic opiates, ACTIQ is contraindicated in the management of acute or postoperative pain. This product must not be used in opioid non-tolerant patients.2
Cephalon recently plead guilty to a criminal misdemeanor and agreed to pay millions in a federal case filed in Philadelphia. The case centered around Cephalon’s alleged marketing of ACTIQ for “off-label” uses, including migraine headaches. This marketing effort allegedly increased the sales of the drug dramatically.
To contact our law firm about an ACTIQ lawsuit against Cephalon and others, please call 1-888-377-8900 (toll-free) or submit our free case consultation form.
Important related FDA information: In January, the FDA finalized new guidelines that allow pharmaceutical companies to market off-label uses for drugs. We are concerned that these new guidelines will endanger the lives of countless patients. If you would like federal legislation to prevent this type of marketing, please contact your federal legislators. It is vitally important for all of us to care about the safety of our health care system. Given the FDA’s track record, we cannot rely on the FDA to protect the public.
References:
1. Roxana Hegeman, Drugmaker Cephalon linked to indicted Kan. Doctor, Forbes, February 3, 2009.
2. http://www.actiq.com/
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