The manufacturer of the recalled drug Darvocet is facing a class action lawsuit that accuses that manufacturer of failing to warn of risks and side effects associated with Darvocet and its generic equivalent.
Deborah M. Rogers, individually and on behalf of all others similarly situated, filed suit against Xanodyne Pharmaceuticals on April 28 in federal court in New Orleans.
Rogers states she was prescribed and purchased the drug Propoxyphene, a generic form of the drug Darvocet, around 2006 for pain.
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.
Rogers states the drug creates a significant risk of bodily harm and 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 and breach of express warranty, violating of warranty of redhibition, breach of implied warranty, unjust enrichment, negligence and strict products liability - inadequate warning.
The plaintiff is seeking damages compensatory damages, medical monitoring, court costs, interest and attorney's fees.
Rogers is represented by Michael Hingle of Michael Hingle & Associates in Slidell. A jury trial is requested.
U.S. District Judge Helen G. Berrigan is assigned to the case.
Case No. 2:11-cv-01000