If you or someone you love is addicted to Subsys fentanyl spray or has suffered an overdose or died, you may be eligible to file a lawsuit to recover compensation. You may be owed financial compensation for medical bills, pain and suffering and other damages. You can contact the defective drug lawyers at Gordon & Partners to schedule a free, confidential consultation. We can review your specific situation and explain why you may be eligible to file a Subsys lawsuit. Over more than two decades, we have recovered millions in compensation on behalf of clients throughout South Florida. Founding partner Robert Gordon is Board Certified in Civil Trial Law by the Florida Bar Board of Certification.
Our firm works on a contingency fee basis, so there are no upfront costs for our legal services. Our main office in Palm Beach Gardens is conveniently located within minutes from the North County Courthouse, but if you cannot come to us we can come to you.
We are ready to talk to you now: 1 (855) 722-2552.
Do I Have a Case?
An important step in trying to answer this question is to meet with a licensed attorney, like those at Gordon & Partners. There are many factors we may consider when determining if you may be eligible to take legal action. Some of these may include:
- The reason you were prescribed Subsys fentanyl spray
- If you were prescribed Subsys for a reason approved by the U.S. Food and Drug Administration (FDA)
- Injuries or complications you suffered while taking the medication
- Individuals/other parties that may potentially be liable for your damages, such as the manufacturer
It is important to note these are just a few of the factors we may need to consider when trying to determine if you might have legal options. Every case is unique, and our attorneys are prepared to review the specifics of your claim in a free consultation.
We know what it takes to build a strong case involving defective drug injuries or deaths. We might be able to help you seek maximum compensation for the pain and suffering and other damages you and your family have endured.
Compensation You May be Eligible to Receive
There are various forms of compensation you may be able to pursue in a Subsys lawsuit, if you are eligible to file one. For example, you may be able to pursue compensation for medical bills for treatment you needed. This could include treatment you needed because of side effects from the drug, including:
- Stays in the hospital
- Ambulance transportation to the hospital
- Appointments with doctors
- Other medications you needed to take to manage side effects, like constipation
Our dangerous drug lawyers know how to gather information to prove these damages and establish their value. You may have other damages than those listed above, so it is important to meet with a lawyer to review the specifics of your claim.
You may also be able to pursue compensation for the physical pain you experience, in addition to the emotional suffering. Emotional suffering could include many different issues. A few of these could include:
- Depressed mood
Determining what your specific claim may be worth is a complex process. Our attorneys welcome the chance to discuss the damages that may be available. Your consultation is 100 percent free and confidential, so there is no risk to you.
Free consultation. Call us at 1 (855) 722-2552.
Background on Subsys
The drug is a single-dose fentanyl sublingual spray manufactured and marketed by Insys Therapeutics, an Arizona-based company. It is the first and only fentanyl spray just for cancer patients for pain that cannot be relieved by other narcotics, also known as breakthrough cancer pain.
Subsys was approved by the FDA in January of 2012 for adult cancer patients 18 years of age or older who are already being prescribed opioid medication or have built up a tolerance to opioid therapy to help manage their chronic pain.
The active ingredient in Subsys is fentanyl, which is up to 100 times more powerful than morphine. It is administered as a sublingual spray, meaning that a patient must spray the medication under the tongue for quick pain relief. Subsys comes in individual packages and is also the most fast-acting drug currently on the market for cancer patients to get pain relief without having to get an injection.
Dangers of Fentanyl Spray
Subsys is a powerful opioid medication that shares similarities to other drugs such as morphine and heroin. Over time, patients who are prescribed the medication may become physically dependent or highly addicted, which can become a serious issue. Patients may accidently take too much, resulting in a life-threatening or deadly overdose.
Some patients who have become addicted to the fentanyl spray have experienced certain behavioral and psychological symptoms, including rapid mood swings, feeling euphoric one minute and depressed or irritable the next, as well as a change in eating or sleeping habits.
Dependence and addiction to Subsys can lead to serious complications including:
- Breathing problems
- Low blood pressure
- Slurred speech
- Difficultly walking
- Small pupils
The defective drug attorneys at our firm understand the devastating effects a dangerous and highly-addictive drug like Subsys can cause to victims and their loves ones. If you or someone you care about was injured after taking Subsys, we are prepared to evaluate your claim and help determine if you may be eligible for compensation. For example, you may be eligible to recover past and future medical expenses as a result of taking this dangerous medication.
Lawsuits Filed Over Subsys Spray
Insys Therapeutics is facing more than 1,000 lawsuits alleging the company engaged in deceptive, fraudulent marketing tactics. This includes more than 160 lawsuits filed by cities, counties and attorney generals in multiple states, including New York, Maryland, Minnesota, Indiana, North Carolina, California, Virginia and Colorado.
A Subsys lawsuit filed by North Carolina Attorney General Josh Stein says the opioid manufacturer is responsible for bribing doctors and medical professionals with speaking fees, meals and entertainment to get them to prescribe Subsys to their patients. The complaint also says employees lied to insurance companies about diagnoses to obtain Medicaid reimbursements.
Other lawsuits against Insys make some similar allegations. The manufacturer is being accused of:
- Using its speaker program to pay or reward doctors for writing prescriptions
- Offering its sales representatives higher commissions if they could convince doctors to write prescriptions for higher doses of Subsys than necessary
- Directly marketing the drug to doctors who do not treat cancer patients, even though the FDA only approved the drug to treat breakthrough cancer pain
- Knowingly misrepresenting Subsys’ effectiveness and risks by stating that the drug is easy and safe to use to treat chronic pain
- Tricking insurance companies into believing the drug was medically necessary for patients
Both federal and local investigations revealed Insys Therapeutics paid thousands of dollars in bribes to doctors and other medical professionals who were among the leading prescribers of the fentanyl spray. The company was getting them to prescribe the drug for conditions it was not approved to treat. Eight out of the top 10 most frequent prescribers of Subsys were paid over $870,000 in speaking fees by the opioid manufacturer between 2013 and 2014.
Settlements Reached in Subsys Lawsuits
Over the past several years, there have been a number of settlements reached in Subsys lawsuits over illegal marketing practices and criminal activity.
Some of the high-profile settlements include the following:
August 2017 – $4.45 Million
Insys Therapeutics agreed to pay $4.45 million to resolve a lawsuit in Illinois claiming that the company deceptively marketed and sold an addictive fentanyl spray for off-label use in a way the FDA did not approve. The settlement also claims Insys marketed the drug to high-volume prescribers of opioid drugs instead of to doctors and medical professionals who were treating cancer patients.
August 2018 – $150 Million
Insys Therapeutics agreed to pay $150 million to settle a U.S. Justice Department investigation into claims that the opioid manufacturer paid doctors kickbacks in order to prescribe the highly-addictive and dangerous drug. The deal was made just before a former district sales manager pleaded guilty before a federal grand jury in Connecticut for participating in an elaborate scheme to trick insurers into believing the drug was medically necessary for chronic pain and paying kickbacks to medical professionals to prescribe Subsys.
June 2019 – $225 Million
The $225 million dollar settlement and the criminal prosecution of top Insys executives is just one part of the federal government’s efforts to punish pharmaceutical companies for their deadly role in fueling the opioid epidemic.
As of June 10, 2019, Insys Therapeutics filed for bankruptcy after settling with the U.S. government.
Contact Our Experienced Law Firm About a Subsys Lawsuit
If you or a loved one was injured or killed after taking Subsys, you may be able to file a lawsuit to pursue compensation for your damages. This could include your medical expenses, hospital bills and your physical pain.
To learn more about legal rights, you may contact one of our experienced defective drug lawyers at Gordon & Partners to schedule a risk-free consultation. We are ready to help answer any questions you may have about the legal process. We work on contingency, so there are no upfront costs or fees to worry about. Our office in Palm Beach Gardens is less than 10 minutes from the Palm Beach Gardens Medical Center.