Date: September 2010
Defense post-trial motions seeking new trial or judgment were denied in January of 2011. Defense filed appeal and the Plaintiff filed a cross-appeal.
County: USDC NH
Plaintiff’s Medical: Dr. John T. Schulz, III (Burns) Dr. Colleen M. Ryan (Burns) and Dr. James Chodosh (Ophthalmologist)
Plaintiff’s Experts: Randall L. Tackett, PhD. (Pharmacologist), Dr. Roger E. Salisbury (Plastic Surgeon) and Dr. Bijan Sadrmoori (Pulmonologist)
Summary: Plaintiff began taking the NSAID medication Sulindac prescribed by her doctor to relieve bursitis-related shoulder pain. Sulindac is the generic equivalent of Clinoril and is manufactured by Mutual Pharmaceutical Co. of Philadelphia. Within a few weeks, Plaintiff developed a widespread skin rash with blisters, eye irritation, and other symtoms of an adverse reaction to medication. Despite the timely diagnosis and treatment of Stevens-Johnsons Syndrome, her condition progressed to potentially fatal toxic epidermal necrolysis. Plaintiff lost 65% of her skin and has been significantly disfigured. Plaintiff required 23 blood transfusions and has been rendered blind. Her mouth, throat, lungs, and stomach were permanently injured and her vocal cords are paralyzed. Plaintiff charged that Sulindac is defective and unreasonably dangerous and faulted Mutual Pharmaceutical for failing to warn of the risk of SJS/TEN. Defendant challenged the credibility of Plaintiff’s experts and argued that Sulindac is an unavoidably dangerous drug for which the benefits outweigh the risks.
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Category: Case Results Blog, Products Liability, Shoulder Injuries – Rotator Cuff/Other