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Dead woman's family files suit vs. drug manufacturer

2009-08-03 / Front Page

The estate of a Gaffney woman who died from a prescription drug overdose filed suit July 30 in Cherokee County Court of Common Pleas against the pharmaceutical company that made the drug and also served notice of its intent to also file suit against the woman's doctor.

In the suit, the estate of Leslie Rainey is seeking unspecified damages from Mylan Inc., Mylan Pharmaceuticals and Mylan Technologies Inc., the alleged maker of the fentanyl patch that Rainey was prescribed by her doctor.

The lawsuit contends fentanyl, which is used to relieve pain, is 80 times stronger than morphine and that Rainey was initially prescribed a lower dosage fentanyl patch before the dosage was doubled.

Rainey, 34, whose address was listed in a death certificate attached to one of the legal filings as New Street, died Aug. 20, 2006. The cause of her death was ruled accidental due to a fentanyl overdose, according to a Cherokee County Coroner's Office report attached to the legal filings.

The lawsuit against the drug company alleges the patch Rainey used was defective and that the drug maker failed to warn of the risks and dangers associated with the patch.

In a separate legal filing, the estate served notice of its intent to sue Rainey's treating physician, alleging the doctor violated the standard of care in failing to conduct close follow-ups after the fentanyl was prescribed and then doubled in dosage. Additionally, the legal notice of an intent to sue the physician, who works in Spartanburg, alleges the patch should not have been used due to Rainey's other health problems.

— Tim Gulla

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