Orange suit alleges Digitek contained double dose of active ingredient

David Yates Mar. 30, 2010, 6:00am

An Orange man is suing Mylan Pharmaceutical alleging the prescription drug Digitek has exacerbated his pre-existing heart condition.

In his suit, filed March 15 in Orange County District Court, Walter Johnson asserts his Digitek prescription contained a double dose of the active ingredient.

He alleges the drug caused symptoms that include shortness of breath, low or irregular heartbeat and low blood pressure.

Manufactured by Actavis and distributed by Mylan Pharmaceuticals, Digitek is prescribed to treat heart failure and abnormal heart rhythm.

On April 25, 2008, the drug's manufacturers issued a voluntary recall of all lots of Digitek, due to a possibility that the drug was released with more than the approved level of the active ingredient, digoxin.

Over the past year, the Southeast Texas Record has reported on dozens of suits filed against Mylan, which claim the drug manufacturer knew the drug was defective but failed to timely warn of the defect and misrepresented the drug as "a safe and effective treatment for certain heart problems."

Johnson is accusing the company of fraud and negligence per se.

He is suing for past and future mental anguish, physical impairment, medical expenses, including future and loss of earning capacity.

Ryan Gertz of the Gertz & Adair law firm is representing him.

The case has been assigned to Judge Pat Clark, 128thJudicial District.

Case No. A100118-c

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