Lawsuit Filed Against Compounding Pharmacy For Contaminated Medication
LOS ANGELES, CALIF. (July 13, 2012) — Trial lawyer Anthony De Los Reyes of Pocrass & De Los Reyes filed a lawsuit today against Franck’s Lab, an Ocala, Florida, compounding pharmacy, for producing and distributing contaminated medication used in eye surgery.
The complaint, Joseph Cotugno; Joy Cotugno v. Franck’s Compounding Lab (Case No. GC049821), was filed in Los Angeles Superior Court, Northeast District. The lawsuit is seeking damages for product liability, including negligence and failure to warn.
“Franck’s Compounding Lab has a history of problems with contaminated medications that come from its sterile lab,” says De Los Reyes. “Because of this company’s emphasis on profits over people, Mr. Cotugno will have to undergo a number of additional eye surgeries with no guarantee that he will regain any or all of his sight.”
Joseph Cotugno underwent eye surgery at a California ambulatory surgical center. As is standard for the Cotugno’s condition, the ophthalmologist utilized a dye called Brilliant Blue-G, made by Franck’s Compounding Lab under supposedly sterile conditions.
Cotugno’s eye became inflamed and wasn’t healing. When his doctor ran tests, they revealed that Cotugno had a serious fungal infection. In fact, 9 patients who had undergone similar surgery at this center were diagnosed with this fungal infection, and further investigation revealed that 33 patients across 7 states were infected.
The initial investigation, led by the Los Angeles County Department of Public Health, discovered that Brilliant Blue-G was contaminated.
In a widely circulated report published May 4, 2012 by the Center for Disease Control, it states, “. . .CDC recommends that, at this time, clinicians avoid use of compounded products labeled as sterile from Franck’s. Health-care providers should maintain a heightened suspicion for infections among patients who received compounded products labeled as sterile from Franck’s and should report suspected infections. . .Patients also should avoid use of compounded products labeled as sterile from Franck’s. . .”
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