A class action investigation has been launched against several major pharmaceutical companies, with a recent fentanyl lawsuit alleging Insys Therapeutics Inc. failed to warn the general public against the addictive nature of their opioid medications.

This fentanyl lawsuit is being filed by an Illinois man alleging that Insys Therapeutics exaggerated the benefits of their drug fentanyl (Subsys) and deliberately concealed the addictive nature of the pain medication.

Plaintiff William H. is filing this fentanyl lawsuit alleging various counts of false advertising and concealing vital drug safety information, alleging that an Insys Therapeutics sales representative directly caused his opioid addiction.

The fentanyl lawsuit alleges the Insys Therapeutics sales representative Nick Patel told William’s health plan that he was suffering from cancer, and supplied William with the drug until his prescription ended. According to the fentanyl lawsuit, the sales representative exaggerated the drug’s benefits, and the company reportedly got the prescription approved by lying to William’s health plan.

With Patel’s allegedly aggressive marketing tactics, William’s doctor had started him on Subsys in 2015 to treat pain from work-related injuries and treatment surgeries he needed for the said work injury.

Patel reportedly instructed William to contact him directly when he needed a prescription refill, while allegedly failing to warn William how addictive fentanyl is and discouraging him from discontinuing his prescription.

“At no time during any of those communications between [William] and Mr. Patel did Mr. Patel ever mention that Subsys was highly addictive or even potentially addictive; that Subsys was not suitable for long-term use; that there were risks associated with the use of Subsys; or that he was being paid by Insys to increase quantity and dosages,” the fentanyl lawsuit states.

Overview of Fentanyl Lawsuit

According to the fentanyl lawsuit, William’s doctor had been originally treating his pain with “various narcotics and muscle relaxers,” but the patient responded best to fentanyl.

When the medication was recommended in April 2015, William claims Patel came directly into his doctor’s office and marketed the medication as a “spray that provided pain relief in about five minutes and could be taken multiple times a day.” Patel had added that William was a “perfect candidate”, and reportedly sent fentanyl to William “on a regular basis in 2016 and 2017.”

During this time, William reportedly became addicted to the opioid medication and experienced symptoms typically associated with addiction. Even with these symptoms, Patel still did not recommend that William was taken off the medication.

William alleges his doctor eventually ended the prescription after discovering Insys Therapeutics was being investigated for improperly marketing medications and using financial kickbacks to increase prescriptions. When William discovered that Insys had contacted his health plan’s pharmacy benefit manager Express Scripts in 2017, and informed them of the misconduct.

William states that if he had known the addictive nature of fenantyl, he would not have agreed to take the medication. Since this alleged fraud claim came out, William’s fenantyl lawsuit is just one of several repercussions the company is facing.

Several state attorneys general have sued Insys Therapeutics for false advertising and concealing vital safety information from patients, and have also come after employees for their respective roles in the fraud.

This Fentanyl Lawsuit is Case No. 1:18-cv-02036, in the U.S. District Court for the Northern District of Illinois.

In general, opioid overdose death lawsuits are filed individually by each plaintiff and are not class actions.

If your loved died from an opioid overdose in the last three years from an addiction that began as a legal opioid prescription from his or her doctor, you may have a legal claim. Get help now by filling out the form on this page for a FREE case evaluation.

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