Mylan Awarded Summary Judgment in Wisconsin Fentanyl Patch Wrongful Death Case

MILWAUKEE, Wis. — A Wisconsin federal judge has awarded Mylan Inc. summary judgment in a fentanyl patch wrongful death case, ruling that the plaintiffs failed to establish a question of fact as to whether the patch was defective or malfunctioned.

On June 1, Judge Pamela Pepper of the U.S. District Court for the Eastern District of Wisconsin ruled that the plaintiffs cannot prevail under the theory of res ipsa loquitur based solely on the facts that the decedent had elevated levels of fentanyl in his postmortem blood sample and that Dr. Mainland concluded that he died of fentanyl toxicity. This …