Actiq class action lawsuit filed against drugmaker over off-label promotion

by Jim Orr

Two companies that pay for employee prescription drugs have filed a class action lawsuit in Pennsylvania against the manufacturers of the fentanyl lollipop Actiq. The lawsuit accuses Cephalon, Inc. of illegally promoting Actiq for off-label uses.

Actiq is a prescription lollipop that contains a powerful opioid painkiller known as fentanyl. Because fentanyl is extremely potent—about 100 times more powerful than morphine—Actiq and other fentanyl products should only be prescribed to opioid-tolerant patients with breakthrough cancer, according to Food and Drug Administration guidelines.

The Actiq class action lawsuit against Cephalon accuses the company of marketing the fentanyl lollipop to a wide array of physicians—including general practitioners, neurologists, and specialists in sports medicine—in order to get them to prescribe Actiq to patients who are not approved to use the product under FDA rules. The lawsuit is seeking reimbursement for prescription drug payments that were made for off-label prescription of Actiq, which would not have been made without Cephalon’s off-label marketing tactics.

Heygood, Orr & Pearson and fentanyl lawsuits

Families of patients who suffered a fatal overdose after being prescribed fentanyl products such as Actiq may be eligible to file a lawsuit against the manufacturers of these products or against physicians who negligently prescribed this potent medication. In order to ensure that your legal rights are protected, it is important to retain the services of an attorney who is experienced with fentanyl litigation.

The law firm of Heygood, Orr & Pearson has successfully handled more cases involving deaths caused by fentanyl overdoses than all other firms in the country combined. Our attorneys have spent years studying the legal and medical issues surrounding fentanyl, and have interviewed hundreds of physicians and medical experts about the fentanyl pain patch and other products.

In the first jury trial against manufacturer of a fentanyl transdermal patch handled by Heygood, Orr & Pearson, a jury in Florida awarded a verdict of $5.5 million to the family of a man who died while wearing a fentanyl patch that was sold under the brand name Duragesic. More recently, our firm obtained a $16 million verdict for the family of an Illinois woman who died while wearing a Duragesic patch.

If you or a loved one has lost a family member due to a fentanyl overdose, you deserve answers. If the loss was as a result of medical malpractice on the part of a doctor, you have the right to demand that the individuals responsible for the death of your loved one be held accountable.

For a free legal consultation about your case and to find out if you may be eligible to file a fentanyl lawsuit, contac the attorneys with Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001, or by filling out the free case evaluation form located on this page.

by Jim Orr

Jim Orr is a licensed attorney and a partner at HO&P focusing on business and personal injury litigation. Jim was selected multiple times to the Super Lawyers List and has tried 70+ cases to verdict.