WEST VIRGINIA RECORD

April 10
Keisha Garner, personal representative of the Estate of Linda Burrell v. Mylan Inc., Mylan Pharmaceuticals Inc. and Mylan Technologies Inc.
PA-Barry Hill; Judge N/A
* Linda Burrell had been prescribed a patch for 50-mcg Mylan (fetanyl transdermal system) patch, a Schedule II controlled substance by the FDA, used to relieve pain. The patch, which is a matrix patch, contains the drug fentanyl, which is extremely dangerous and some 80 times stronger than morphine. Burrell died on April 14, 2006 while wearing the patch. The toxicology report showed Burrell had a fentanyl blood concentration of 20 ng/ML, which the toxicology pathologist concluded was sufficient to have caused her death. Alleging marketing, manufacturing and design defects, Garner is seeking punitive and actual damages, sorrow, mental anguish, compensation for loss of income of Burrell, expenses for care, treatment and hospitalization, funeral expenses and pre and post judgment interest.
Case number: 08-C-260

April 15
PG Publishing Company d/b/a The Pittsburgh Post-Gazette v. West Virginia University
PA-Mark A. Atkinson; Judge N/A
* The Pittsburgh Post-Gazette claims WVU has failed to respond, in a timely manner, to a series of their FOIA requests; withheld public records that are responsive to their requests; and failed to permit inspection of responsive documents arising from an investigation into whether or not Heather Bresch had fulfilled the requirements for a master's degree with West Virginia University. In October 2007, when confirming Bresch's academic credentials West Virginia University officials stated that Bresch did have an MBA, but reversed themselves a few days later. A Unversity spokesman said that verification had been completed and Bresch had completed all requirements for a masters of business administration degree. In December of 2007, The Post Gazette ran a story about how the West Virginia University made the decision to grant Bresch a degree by adding six classes to her academic records and assigned grades for two additional classes for which records showed Bresch had received a complete. The Post Gazette is seeking declaratory judgement and injunctive relief enjoining West Virginia University from withholding records; attorney fees and courts costs.
Case number: 08-C-276