Mylan drug caused son's problems, suit claims

By Cara Bailey | Mar 12, 2008

MORGANTOWN - A Monongalia County woman has filed a suit against a pharmaceutical company on behalf of her young son, who took a prescription sold by the company that she says caused serious complications.

Tara Vitatoe filed a suit Feb. 12 in Monongalia Circuit Court, against Mylan Pharmaceuticals Inc. on behalf of her son, Jacobie Vitatoe.

According to the suit, Jacobie Vitatoe was prescribed Phenytoin Sodium capsules after he has a seizure Jan. 12, 2007.

Less than two months later, Vitatoe had another seizure. He was diagnosed with Stevens Johnson Syndrome. He was required several follow-up hospitalizations due to his SJS.

"The effect of this severe case of SJS subsequent to Phenytoin Sodium ingestion has continued through today and will remain with Jacobie throughout his life," the suit says.

The suit says labels for Phenytoin Sodium did not contain any warning of Stevens Johnson Syndrome or toxic epidermal necrosis.

According to the suit, Vitatoe endured several hospitalizations due to SJS and has undergone several treatments for injury to his eyes and eyelids due to his disease.

Tara Vitatoe claims Mylan Pharmaceuticals did not properly prepare their drugs for use by the public. Her son has suffered the inability to perform his normal and usual activities and suffered the loss of enjoyment of life, embarrassment, humiliation and disfigurement.

In the seven-count suit, Vitatoe seeks monetary damages for her loss of filial services, society and companionship as a result of the injuries to her son.

Vitatoe seeks compensatory and punitive damages for medical and life care expenses and other costs the court deems necessary.

Attorney Teresa Toriseva is representing Vitatoe.

Monongalia Circuit Court case number 08-C-103

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