J&J Units Must Pay $16.6 Million for Pain-Patch Death (Update4)

Nov. 17 (Bloomberg) -- Two units of Johnson & Johnson must pay $16.6 million to the family of a Chicago-area woman who died after using a Duragesic pain-patch, a state jury found, dealing the company its fourth defeat in as many trials since 2006.

Janice DiCosolo, 38, died in February 2004 because the patch she was wearing delivered a fatal dose of the narcotic fentanyl, the device's main ingredient, a jury of six men and six women decided today in Illinois state court in Chicago.

The Duragesic-brand patch is made by Alza Corp., a Mountain View, California, company owned by New Brunswick, New Jersey- based Johnson & Johnson, the world's biggest maker of medical devices. The product was distributed by another Johnson & Johnson unit, Janssen Pharmaceutica. The jury deliberated for less than two days.

``Fentanyl killed Janice DiCosolo. It's the elephant in the room,'' Jim Orr, a plaintiffs' lawyer, told the jury Nov. 14 in closing arguments. ``It's obvious to everyone.''

The patches generated $1.16 billion in sales last year for Johnson & Johnson, making them the company's seventh best- selling product, according to data compiled by Bloomberg. Still, the defense has lost each case that has gone before a jury.

``We disagree with the jury's verdict,'' said Greg Panico, a spokesman for the Johnson & Johnson units, in an e-mailed statement. ``We are considering our options for an appeal.''

The lawsuit was filed by DiCosolo's husband, John, 45. The couple had three children.

$13 Million

The trial began Oct. 29, one day after a jury in Sanford, Florida, awarded more than $13 million to the family of Susan Hodgemire, a 34-year-old mother of five who died after using a Duragesic patch in 2002.

DiCosolo's husband, a Cicero, Illinois police sergeant, wasn't in the courtroom when the verdict was read. His lawyer, John Cushing, said his client was relieved to have had the opportunity to tell his wife's story.

``He didn't do this for money,'' Cushing said.

Defense lawyers, citing an autopsy, said DiCosolo died from the interaction of at least five drugs, including fentanyl, found in her system by a Cook County coroner, Lawrence Cogan.

Fentanyl is a painkiller 100 times more powerful than morphine, plaintiffs' lawyers said at trial. The patches, prescribed for people combating chronic pain, are to be worn for 72 hours and then discarded. Janice DiCosolo was found wearing one when she died.

Each patch contains enough fentanyl to kill 10 men weighing 300 pounds each, Orr said.

Recalled Patches

Janssen recalled one lot of Duragesic patches in February 2004, a day after DiCosolo died, because of improper sealing of the adhesive backing of the devices, defense lawyer David Sudzus wrote in a court filing. The patch worn by DiCosolo was from that lot, he said.

``Both an independent expert and a company expert inspected the patch in question and concluded there was no defect,'' Panico said in his e-mailed statement. ``We believe that the cause of Ms. DiCosolo's death was polypharmacy, a mix of multiple and potentially incompatible medications.''

Two of the jurors said that the money they awarded John DiCosolo and the couple's children was an average of higher and lower amounts suggested by members of the panel.

`Common Ground'

``It was a common ground,'' juror Bret Lessard, 22, of Tinley Park, Illinois, said of the panel's initial verdict for $18 million. From that amount, he and his colleagues subtracted 8 percent after finding Janice DiCosolo at least partly liable for her death because of the other medications found in her system.

``You assume some risk with as many drugs as you're taking,'' Lessard said.

The jury forewoman, Peggy Rounsfull, 51, of Glenview, said, it was the fentanyl that appeared to have killed DiCosolo, who suffered from chronic neck pain.

``There was no way of getting around the fact that she had too much fentanyl,'' Rounsfull said.

On Jan. 12, the Johnson & Johnson units face another pain- patch trial in Chicago, this time in federal court.

Johnson & Johnson in July 2007 agreed to pay the family of a Florida man $2.5 million to resolve claims that Adam Hendelson, 28, had died after using one of the patches, three people with knowledge of the accord said. A jury had awarded the plaintiffs $5.5 million one month earlier.

In July 2006, a state court jury in Houston ordered Janssen and Alza in July to pay $772,500 to the family of a Texas woman who died after her patch leaked. The companies appealed that verdict.

Johnson & Johnson fell 78 cents to $59.27 in New York Stock Exchange composite trading.

The case is DiCosolo v. Janssen Pharmaceutica, 04L5351, Cook County, Illinois, Circuit Court, Law Division (Chicago).

To contact the reporter on this story: Andrew Harris in Illinois state court Chicago at aharris16@bloomberg.net.