Circumstantial Evidence Sufficient to Prove Defect, Court Rules

CHICAGO - An Illinois appellate court upheld an $18 million plaintiff's verdict rendered in a Duragesic skin patch case, ruling that the plaintiff provided sufficient evidence that the patch malfunctioned, causing his wife's death. DiCosolo v. Janssen Pharmaceuticals Inc., et al., No. 1-09-3562 (Ill. App. Ct., 5th Dist.).

On June 30, the Illinois Court of Appeals, First District, ruled that although the patch at issue was destroyed, the plaintiff was not precluded from proving that it was defective through circumstantial evidence.

Janice DiCosolo died in February 2004 while using a Duragesic skin patch designed, manufactured and distributed by Janssen …