Teva Pharmaceuticals and Baxter Healthcare Liable for Hep-C Case
Drug maker to appeal record state jury award.
May 09, 2010 at 08:00 PM
2 minute read
The original version of this story was published on Law.com
A jury ordered Teva Pharmaceuticals and Baxter Healthcare Services Friday to pay a combined $500 million in punitive damages to a man who contracted Hepatitis C due to misuse of the anesthetic propofol, which Teva manufactures and Baxter distributes. It is the largest jury award in Nevada history.
The propofol label states it is for single-patient use only, but plaintiffs lawyers claim at least 14 people–and possibly more than 100–contracted Hepatitis C after vials of propofol were reused in colonoscopies and endoscopies in outpatient surgical centers across Nevada.
Plaintiffs contend the companies sold vials containing four to five times more propofol than is used in a typical colonoscopy, which encouraged misuse. On top of the punitive damages, the Las Vegas jury earlier awarded $5 million in compensatory damages for failure to warn and breach of the warranty of fitness for a particular purpose.
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