The manufacturer of the recalled drug Darvocet is facing a class action in New Orleans that accuses the manufacturer of failing to warn of the drug's risks and side effects.
Linda Gallagher, individually and on behalf of all others similarly situated, filed suit against Xanodyne Pharmaceuticals Inc. on Dec. 3 in federal court in New Orleans.
Darvocet is a narcotic used to treat mild to moderate pain with or without fever. Darvocet's active ingredient is Darvon or propoxyphene. In November, the Food and Drug Administration announced that Xanodyne Pharmaceuticals was halting all U.S. marketing of Darvon and its related brand Darvocet.
Gallagher states the drug creates a significant risk of bodily harm and that the manufacturer failed to warn consumers and health care providers of these risks.
The defendant is accused of violating the federal Food, Drug and
Cosmetic Act, among other things.
The proposed class is seeking damages compensatory damages, medical monitoring, court costs, interest and attorney's fees.
Gallagher is represented by Daniel E. Becnel, Jr. and Matthew B. Moreland of Law Offices of Daniel E. Becnel, Jr. of Reserve and New Orleans attorney Morris Bart.
U.S. District Judge Helen G. Berrigan is assigned to the case.
Case No. 2:10-cv-04455