Franck’s Pharmacy Files Motion to Consolidate Brilliant Blue G Eye Surgery Dye Lawsuits
Wednesday, July 3, 2013
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
More on the Franck’s Pharmacy fungus cases. In the past couple of months, there have been an increasing number of people filing product liability lawsuits over Brilliant Blue G, an eye surgery dye made by Franck’s Compounding Pharmacy in Ocala, Florida. In response, on April 12, 2013, Franck’s filed a request to consolidate all claims pending in the federal court system before one judge, as part of a Multidistrict Litigation (MDL). The pharmacy has requested the cases be transferred to the U.S. District Court for the Eastern District of Louisiana.
Click here to read the motion to transfer.
The History of Franck's Recall.On May 25, 2012, Franck’s issued a recall for its compounded prescriptions. The prescriptions impacted by this recall included all sterile human and veterinary compounded prescriptions distributed by Franck’s Pharmacy from November 21, 2011 to May 21, 2012. This included Brilliant Blue G.The recall was prompted by the U.S. Food and Drug Administration (FDA). The FDA notified Franck's Pharmacy that environmental sampling of the pharmacy's clean room revealed the presence of microorganisms and fungal growth. Because of the FDA's findings, Franck's Pharmacy decided to recall its sterile compounds. To read two previous blogs on the recall, click here and here.
Franck’s is Fighting for Consolidation.
According to the motion, at least 17 lawsuits over Brilliant Blue G are currently pending against Franck’s. The complaints all involve similar allegations that fungal contamination in Brilliant Blue G caused eye infections and, in some cases, permanent blindness. According to the petition, another 17 claims may be pending. To read a previous blog on the lawsuits filed over Brilliant Blue G, click here.Franck’s attorneys state that consolidating the lawsuits will be more convenient for the court, witnesses and both parties, according to an About Lawsuits article. The attorneys also believe it will reduce litigation costs, and increase the ability of the compounding pharmacy and its insurance to cover the liability. The pharmacy allegedly has an insurance policy that has a $3 million limit. Click here to read the entire article from About Lawsuits.
Compounding Pharmacies Under the Microscope.Since the widespread fungal meningitis outbreak in the fall of 2012, compounding pharmacies have fallen under heightened scrutiny. The FDA is beefing up their oversight of compounding pharmacies, and the FDA and state Department of Health (DOH) agencies have been paying surprise visits to compounding pharmacies. As a result, there have recently been a number of recalls and closures from the FDA. Click here to a read a blog on recalled products from a George compounding pharmacy and a New Jersey compounding pharmacy. To read why the Florida DOH shut down a Boca Raton compounding pharmacy, click here.
Contact Health Law Attorneys Experienced in Representing Pharmacies and Pharmacists.The Health Law Firm represents pharmacists and pharmacies in investigations, regulatory matters, licensing issues, litigation, inspections and audits. The firm's attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.Comments?What do you think of the Franck’s lawyers’ request to consolidate all claims pending against the compounding pharmacy? Please leave any thoughtful comments below.
Kirk, Austin. “Motion Filed to Centralize Brilliant Blue G Eye Surgery Dye Lawsuits in MDL.” About Lawsuits. (April 23, 2013). From: http://www.aboutlawsuits.com/brilliant-bluy-g-eye-surgery-dye-lawsuit-mdl-motion-45101/Franck's Compounding Lab's Motion to Transfer Actions to the Eastern District of Louisiana. Case MDL No. 2454. (April 12, 2013). From: https://www.thehealthlawfirm.com/uploads/2013-04-12-Francks-MDL.pdf
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.Tag Words: pharmacy, pharmacist, Franck's, Franck's pharmacy, compounding, eye infections, compounded prescription, fungal eye infections, Centers for Disease Control and Prevention (CDC), U.S. Food and Drug Administration (FDA), Florida Department of Health (DOH), Drug Enforcement Administration (DEA), pharmacy lawsuit, products liability lawsuit, Brilliant Blue G, eye surgery dye, eye procedure, ophthalmologist, pharmacy deficiencies, drug recall, contaminated drugs, unsafe drugs, negligence, strict liability, failure to warn and breach of warranty, pharmacy investigation, pharmacist investigation, defense lawyer, defense attorney, pharmacy lawyer, pharmacy attorney, pharmacist attorney, pharmacist lawyer, The Health Law Firm
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