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Pritzker Olsen attorneys have appeared on CBS News, Fox news, and numerous local television stations throughout the country. They have recovered millions for people injured by defective medical products. To contact our law firm, please call 1-888-377-8900 (toll free) or submit our free consultation form.

Cephalon Lawsuit Involving Actiq and Off-Label Uses

Wrongful death cases allegedly involve Cephalon Inc., one of the nations largest pharmaceutical companies, and one of its products, Actiq.

In September of 2008, Cephalon Inc. plead guilty to a criminal misdemeanor and agreed to pay a $425 million settlement in a federal case filed in Philadelphia. The case centered around Cephalon’s alleged marketing of Actiq for “off-label” uses, which increased the sales of the drug dramatically. 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. Patients considered opioid tolerant are those who are taking at least 60 mg morphine/day, at least 25 mcg transdermal fentanyl/hour, at least 30 mg of oxycodone daily, at least 8 mg oral hydromorphone daily or an equianalgesic dose of another opioid for a week or longer.

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.1
The active ingredient of Actiq is fentanyl. According to attorney Fred Pritzker, “Fentanyl 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.”

Actiq is considered a fentanyl “lollipop.”

Federal prosecutors alleged that Cephalon was marketing the use of Actiq for migraine headaches and other “off-label” purposes. Fentanyl is a drug that is 100 times more potent than morphine. People allegedly died using Actiq for these “off-label” purposes.

Wrongful death lawsuits against Dr. Stephen Schneider allegedly involve Actiq and fentanyl overdose:
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.2
According to the complaint, Dr. Schneider had prescribed Actiq for Ms. Geist-Wick’s migraine headaches.

To contact our law firm about an Actiq wrongful death and a Cephalon lawsuit, 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. http://www.actiq.com/ 2. Roxana Hegeman, Drugmaker Cephalon linked to indicted Kan. Doctor, Forbes, February 3, 2009.

Pritzker Olsen attorneys have appeared on national television and have been quoted by national publications, including The New York Times, The Wall Street Journal, Associated Press and Lawyers USA. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named "Super Lawyers" by Law and Politics magazine (2008 and previous years). Attorney Fred Pritzker is also listed in the current edition (2008) of The Best Lawyers in America. To contact Pritzker Olsen Attorneys, please call 1-888-377-8900 (toll free) or submit the firm's free consultation form.

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