By: Irvin Jackson | Published: March 29th, 2013
At least four lawsuits have been filed this month against
Franck’s Compounding Lab, alleging that individuals suffered severe eye
infections that were caused by contaminated doses of Brilliant Blue G, an eye
surgery dye.
The product liability lawsuits accuse the compounding pharmacy
of distributing contaminated and unsafe drugs, which led to their eye
infections.
As a result of problems from Brilliant Blue G surgical dye,
plaintiffs allege that they suffered debilitating eye injuries and permanent
blindness in some cases.
The complaints were filed by Howard McMaster (PDF) and Brenda Hess (PDF) in the U.S. District Court for the District
of Nevada, and by Eldon McKinley (PDF) and Bernice Tharp (PDF) in the U.S. District Court for the
Northern District of Indiana.
Each of the lawsuits indicate that the plaintiffs received
Brilliant Blue G during an eye procedure in November 2011, including cataract surgery and vitrectomy
procedures.
Brilliant Blue G Recall Issued Due to Contamination
Brilliant Blue G is a compounded medication that was sold by
Frank’s Compounding Lab to opthalmologists, who were told the product was safe
to inject into the patient’s eyeball during surgery to help the doctor achieve
desired results during the procedure.
In March 2012, Franck’s Compounding Pharmacy issued a Brilliant
Blue G recall, following multiple reports of eye infections.
About two months later, the FDA issued a safety alert
announcing the recall for
all sterile human and veterinary prescriptions distributed by the pharmacy
after investigators discovered microorganisms and fungal growth in areas of the
facility that were supposed to be sterile.
According to a report by the U.S. Centers for Disease Control and Prevention
(CDC) in May 2012, more than 30 confirmed or probable cases of fungal
endophthalmitis were identified among patients who underwent eye surgery that
involved products distributed by the pharmacy. Brilliant Blue G was linked to 20
of those cases.
Endophthalmitis is an eye infection that results in
inflammation of the eye and can lead to vision loss and the loss of the entire
eye in some cases. Antibiotics are usually applied via intravitreal injection
(an injection into the eye itself), but in some cases eye removal is
required.
The recently filed complaint alleges that the compounding
pharmacy knew or should have known that the batches of Brilliant Blue G were
unsafe for use, pursuing claims under theories of negligence, strict liability,
failure to warn and breach of warranty.
The cases come as compounding
pharmacies nationwide are undergoing intense scrutiny following a nationwide
fungal
meningitis outbreak that killed nearly 50 people and sickened more than 700.
That outbreak was linked to epidural steroid injections distributed nationwide
by the New England Compounding Center (NECC). Later investigations by the FDA
discovered fungal contamination of drugs at that facility as well.
NECC also faces a growing number of fungal meningitis outbreak
lawsuits, which drove the company into bankruptcy .
Source found here
The Plaintiff lawyers better have someone on their side who understands asset protection and how to pierce the corporat veil. Paul W. Franck has closed the previous pharmacy and opened up a new pharmacy (with a similar, but different name).
ReplyDeleteKenneth Woliner, MD