Because of its relative ineffectiveness, addictiveness, and link to patient deaths, the opiod painkiller propoxyphene (the active ingredient n Darvon and Darvocet) has been a subject of controversy for more than 30 years. In the 1970s, studies emerged that concluded the drug is no more effective at relieving pain than two aspirin tablets. Propoxyphene has additionally been criticized for its thin safety margin, as doses slightly above the prescribed amount are thought to cause overdose and heart problems. And while the FDA did require updated product labeling to reduce the risk of accidental overdoses, it delayed requesting a market withdrawal of propoxyphene products due to the absence of a “smoking gun,” at least in its estimation, that linked the drug to heart problems.
A recent study, however, provides conclusive evidence that even at recommended doses, propoxyphene can cause heart rhythm abnormalities. These findings prompted the FDA to request a complete market withdrawal of all products containing propoxyphene in November. Xanodyne Pharmaceuticals, Inc., which makes Darvon and Darvocet (a combination that also contains acetaminophen, the same active ingredient in Tylenol) has agreed to comply. There are numerous generic forms of propoxyphene as well, including Dolene, Trycet, Wygesic, Genagesic, Propacet, and Balacet, and the manufacturers of these products are expected to comply with the FDA’s order.
This news may come as a shock to some because Darvon has been on the market since the 1950’s, making it one of the nation’s oldest and most-prescribed painkillers. But for those who have been injured by Darvon, Darvocet, or another product containing propoxyphene, the FDA’s announcement will have come too late. If you or a loved one has suffered the dangerous, even deadly, side effects of propoxyphene, what you want to know now is whether you have a case against Xanodyne or another manufacturer of the drug.
The FDA’s announcement is less than a month old, and the litigation that is likely to follow is only beginning to take shape. But at this point, it seems that the grounds for a lawsuit against the maker of a propoxyphene product is a heart problem accompanied by irregular heartbeats, atrial fibrillation, arrhythmia, or other cardiac symptoms that follow the use of Darvon, Darvocet, or a chemically similar product. Because manufacturers did not provide explicit warning on product labels about the dangers of heart problems, this could be construed as a marketing defect (“failure to warn”) under products liability law. The FDA did revise product labeling for propoxyphene products in 2009 to warn about the risk of accidental overdose, so an injured patient likely would not have similar grounds to sue for this type of injury. But as plaintiffs come forward and more information becomes available, this could change.
Another important consideration that will determine whether or not you have a Darvon or Darvocet case has to do with how long ago your injury occurred. Laws known as statutes of limitations establish a timeframe during which a claim must be filed. If you don’t take legal action before the applicable statute of limitations expires, you could be barred from recovery. The actual amount of time you have to file a lawsuit varies from state to state, and you could have as little as one year from the time your injury occurred or as many as five years depending on where you live. “Time of injury” also has different interpretations in each state. In many jurisdictions, it means the actual day the injury occurred. In some, though, the statute of limitations begins to run when you “discover,” or reasonably should have discovered, your injury. To find out how the law is interpreted in your state, you should speak with a lawyer.
If you have any suspicions at all that your injury stemming from a coronary complication is due to the use of propoxyphene, don’t delay in contacting experienced legal counsel. The statute of limitations could already be running, and decisive action needs to be taken now to ensure that you receive compensation for your losses. We understand that you took Darvon, Darvocet, or another propoxyphene product in good faith, expecting it to relieve your pain, not cause further health problems. That’s why we want to make sure you are fairly compensated for all damages caused by the use of this very dangerous drug. To discuss your case, contact us online by filling out this short form or by calling us at the number below.
