Federal Circuit Court upholds largest verdict in NH history
DOVER -- The First Circuit Court of Appeals has upheld the largest jury-awarded compensation in New Hampshire history, granting Karen Bartlett $21.6 million for injuries sustained as a result of using the generic painkiller Sulindac.
The decision against drug manufacturer Mutual Pharmaceutical Company, Inc., based in Philadelphia, Penn., was affirmed on May 2, five months after the appeal was argued before the First Circuit Court. The appeals court decision upholds the September 2010 jury verdict in the New Hampshire Federal District Court.
Shaheen & Gordon who, along with Jensen, Ballew & Gonzalez of Fort Worth, Texas, represented Bartlett during both the August to September 2010 trial and the federal appeal, argued Sulindac had a design defect and that Mutual Pharmaceutical was liable for her injuries.
The New Hampshire jury agreed, awarding Bartlett $21.6 million in compensation.
Bartlett was prescribed the drug for shoulder pain, but it caused Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis, or TEN, resulting in burning of 65 percent of her body, permanent near blindness, esophageal burns, lung damage and permanent disfigurement.
Stevens Johnson Syndrome and TEN are both the result of a severe reaction to a medicine or infection. It begins with flu-like symptoms and is followed by a painful rash and blisters. The rash eventually becomes similar to a severe burn and can lead to infection and potentially death.
Attorney Christine Craig, with the assistance of Attorney Tim Beaupre, led Shaheen & Gordon’s team in working on this landmark case and successfully fought Mutual Pharmaceutical’s appeal.
