ALZA Corporation develops, manufactures, and markets pharmaceutical products. The company offers oral, transdermal, implantable, and liposomal technologies. The company was founded in 1968 and is headquartered in Vacaville, California. As of June 22, 2001, ALZA Corporation operates as a subsidiary of Johnson & Johnson.
700 Eubanks Drive
Vacaville, CA 95688-9470
Founded in 1968
Johnson & Johnson Provides Update on Claim Alleging Defects in Fentanyl Patch Caused Patient's Death
Nov 14 14
The U.S. District Court for the Northern District of Oklahoma held the applicable statute of limitations barred an estate's claims against drug manufacturers stemming from the death of a patient due to defects in the manufacturers' fentanyl patch. Rose Ballard and Alana Newton, individually and as co-personal representatives of the estate of Jimmy Ballard, alleged Jimmy Ballard died on Nov. 3, 2005, due to defects in a fentanyl patch. The patch was manufactured, sold, distributed and placed in the stream of commerce by Johnson & Johnson, a/k/a Johnson & Johnson Inc., a/k/a Johnson & Johnson Co., Janssen Pharmaceutical Productions L.P., ALZA Corp., Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, Mylan). A fentanyl patch was found on the body at the time of death. Rose and Newton brought an action against Johnson & Johnson, Janssen, ALZA and/or Mylan asserting claims for strict liability, negligence, fraud, wrongful death and breach of warranty. Mylan moved to dismiss alleging the claims were barred by applicable statute of limitations. The district court granted Mylan's motion. The plaintiffs' claims for strict liability, negligence, fraud and wrongful death were subject to two-year statutes of limitation. Mylan's statute of limitations defense was established on the face of the April 25, 2014, petition, which alleged decedent was found dead in his home on Nov. 3, 2005, a fentanyl patch was found on his body, and the medical examiner determined the cause of death was 'toxic effects of fentanyl'. Therefore, the plaintiffs' claims for strict liability, negligence, fraud and wrongful death were time-barred. The district court noted the plaintiffs' claim for breach of warranty was subject to a five-year statute of limitations, and the statute of limitations for breach of warranty accrued upon 'delivery' of the goods, regardless of the aggrieved party's lack of knowledge of the breach. The petition alleged decedent filled the prescription for the fentanyl patch on Nov. 1, 2005. Therefore, the statute of limitations on the plaintiffs' breach of warranty claim ran on Nov. 1, 2010. Accordingly, the breach of warranty claim was time barred.