Digitek suit claims too much medication in pills

Kelly Holleran Mar. 19, 2009, 8:18am

Another Jefferson County citizen has filed suit against Mylan Pharmaceuticals, claiming he suffered physical pain after he took the prescription drug Digitek, which allegedly contained twice the approved level of its active ingredient.

The drug, which is normally prescribed to treat various heart conditions, including atrial fibrillation, atrial flutter and congestive heart failure, was recalled on April 25, according to the complaint filed March 17 in Jefferson County District Court.

Although little information has been released about the recalled Digitek, it apparently contained twice the approved level of the active ingredient, which poses a risk of digitalis toxicity, the suit states.

Victor Breaux was prescribed the drug and had been taking it for a period of time, according to the suit.

Because of his extended use of the drug, Breaux suffered mental anguish, physical impairment and incurred medical expenses, according to the complaint.

He also experienced a loss of earning capacity, the suit states.

Digitek was placed into the stream of commerce in a condition that was defective and unreasonably dangerous, which is a breach of Mylan's warranty, according to the complaint.

"Defendants placed into the stream of commerce the drug Digitek and recommended its use to physicians, the FDA and consumers without adequately warning physicians, the FDA and consumers including Plaintiff, of the risks associated with the use of the drug and that it contained an amount of digoxin exceeding the labeled dose and sometimes exceeding the approved dose for ingestion," the suit states.

Mylan placed the drug into the stream of commerce when it knew the drug posed a significant risk to the health, well-being and safety of Breaux, the suit states.

Breaux is seeking actual and exemplary damages, pre- and post-judgment interest, costs and other damages to which he may be entitled.

He is represented by Barry Bennett of Eddins and Bennett in Beaumont and by Michael R. McGown of Benckenstein, Norvell and Nathan of Beaumont.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A183-555

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