Manufacturing Defect Claim to Proceed in Mylan Fentanyl Patch Case

MOBILE, Ala. — An Alabama federal judge has refused to dismiss a manufacturing defect claim in a fentanyl patch wrongful death action, finding the plaintiff adequately alleged that the patch had a defective seal which allowed an unsafe dose of medication to be delivered to the decedent.

In a Jan. 27 order, Judge Madeline Haikala of the U.S. District Court for the Northern District of Alabama explained that Alabama law does not require the plaintiff to allege a specific flaw in the manufacturing process.

On Sept. 14, 2016, John Compston’s doctor, Dr. David Black, prescribed him a fentanyl patch 50 …