A Texas family has filed a lawsuit against Baxter International and its suppliers and distributors after one of their family members was allegedly given contaminated heparin, suffered a brain hemorrhage and died. This is the latest in a series of lawsuits over the contaminated product that, according to the U.S. Food and Drug Administration (FDA), has been linked to over 80 deaths and nearly 800 adverse effects.

The latest lawsuit

According to several news reports, Texas resident Debra Spivey was allegedly injected with contaminated heparin, a drug used to thin the blood and prevent clotting, while in the hospital. She suffered a brain hemorrhage and died.

Her family filed a product liability lawsuit against Baxter International, the drug’s manufacturer, Scientific Protein Laboratories, the company who obtains the raw heparin for Baxter from China and American Capital Strategies, an asset management company. The lawsuit alleges negligence, defective design, manufacturing defect, failure to warn, breach of implied and express warranties, violation of the Texas Deceptive Trade Practices Act and more.

The family accuses the defendants, among other things, of failing to properly manufacture, inspect, package and warn consumers about the contaminated product, failing to disclose or report adverse events, failing to promptly recall the drug and failing to implement post-marketing measures to notify the medical community of the drug’s risk of injury.

They are seeking wrongful death and survival damages for Spivey’s physical injuries, conscious pain and suffering, medical care and treatment, punitive damages, attorneys’ fees and more.

Contamination has affected 11 countries

Contaminated heparin hasn’t just affected patients in this country. In addition to the United States, at least 10 other countries have been affected, including Australia, Canada, China, Denmark, France, Germany, Italy, Japan, The Netherlands and New Zealand. Although the FDA has never officially been able to conclude how contaminated heparin made its way into the U.S., its best guess is that Chinese suppliers used oversulfated chondroitin sulfate – a compound made from animal cartilage that is less expensive to produce than heparin itself – which is derived from pig intestines. If you or a loved one received heparin that you fear may have been contaminated and sustained an injury, contact an attorney who has been following the heparin recalls and whose practice focuses in this area of the law. To contact a qualified attorney to discuss your situation confidentially, please click here. The consultation is free and without obligation.