LAS VEGAS, Oct. 6, 2011 /PRNewswire/ -- This is being released by SCM:
After 7 weeks of testimony and 4 hours of closing statements, lead trial attorney for the plaintiffs in the hepatitis C trial in Clark County Nevada, Robert Eglet, asked jurors to bring a verdict of $10 million in compensatory damages for Anne Arnold, $2.5 million in compensatory damages for James Arnold and to consider whether the Arnolds should receive punitive damages.
Attorney Robert Eglet told jurors, corporate greed dictated the actions of the drug company Teva Pharmaceuticals. "The primary concern should be the safety of the patient. A responsible drug company should design, package and market the drug to reduce human error. The drug companies knew there was a problem with the jumbo infusion 50mL vials of Propofol in these endoscopy centers," said Eglet.
Eglet told jurors that every 50mL vial of Propofol was sent to the endoscopy centers with a vent spike labeled for multi dosing. "The temptation and opportunity is too great for misuse and the drug company knew this. They took no steps to prevent this. They did nothing and Teva expert witnesses Craig Lea and Rosalie Lowe in depositions agreed that health care providers using 50mL vials in an endoscopy center create more of a proclivity to multi dose," said Eglet.
Attorney Robert Eglet told the jury that production of the sedative Propofol was stopped within 3 weeks of the unprecedented $500 million verdict in the Chanin trial in May 2010. Teva Vice President, Craig Lea admitted under examination by Eglet that Teva turned the lights out in their Propofol plant 21 days after last year's verdict.
The jury is now in deliberation.
Plaintiff Anne Arnold was exposed to the virus hepatitis C when a contaminated jumbo 50mL infusion vial of the anesthesia medication Propofol was reused during a colonoscopy procedure at the Endoscopy Center of Southern Nevada on July 13, 2007. The lawsuit filed by Mainor Eglet alleges design defect, breach of implied warranty for a particular purpose, failure to properly warn by sending a Dear Health Care Professional letter and duty to monitor.