Suit over Duragesic patch settles; Hylla to hear settlement arguments

Amelia Flood Apr. 15, 2010, 6:25am

A woman's product liability suit stemming from her husband's death from a fentanyl overdose has settled. It had been set for trial Monday.

Plaintiff Leigh Ann Cruse, suing as administrater of her husband, Cliff Cruse's estate, settled with Johnson & Johnson Corporation, Pharaceutica Products LP, Janssen L.P., and Alza Corporation April 9 for a confidential amount.

Madison County Circuit Judge David Hylla will hear arguments for the settlement's approval Friday at 9:30 a.m.

Cruse alleged in her suit that Cliff Cruse's 2002 death was the result of a fentanyl overdose caused by a defective Duragesic pain patch that the defendants made and sold.

She had also sued Cliff Cruse's doctor and Tri-City Neurology Associates Ltd. Those defendants were dismissed without prejudice from the suit in late March.

The suit sought damages of at least $50,000 and costs.

According to the petition for approval of the settlement filed April 9, Cruse's attorneys will get attorney's fees of 40 percent and the reimbursement of their costs.

Cruse is represented by Amy Collignon Gunn.

The remaining defendants are represented by Robert Shultz Jr. and Ernest Auciello of Cleveland.

The case had originally been assigned to then-Madison County Circuit Judge Nicholas Byron.

The case is Madison case number 07-L-900.

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