Clay couple files another Digitek suit

CHARLESTON - Another person injured by the drug Digitex has filed another suit against Mylan Pharmaceuticals, the distributor of the drug.

Lola and Johnnie Smith of Clay County filed the suit June 3 in Kanawha Circuit Court, after Lola Smith suffered a stroke and other injuries while taking Digitek.

A number of lawsuits recently have been filed against Mylan, which distributes Digitek, also known as Digoxin.

Digitek is used for treatment of various heart conditions, including atrial fibrillation, atrial flutter and heart failure that cannot be controlled by other medications. According to the suit, it has a narrow therapeutic index and has a limited margin between effectiveness and toxicity.

Lola Smith suffered from heart arrhythmia and was prescribed Digitek by her physician. However, after taking it, she suffered vision disturbance, weight loss, dizziness, fainting, cardiac instability, stroke and other damages.

According to the suit, Smith had been given twice the approved level of Digitek.

In the seven-count suit, Smith and her husband, Johnnie, seek compensatory damages to cover the medical expenses, as well as punitive damages for their other injuries.

"Patient safety has always been of utmost concern for us at Mylan," Michael B. Laffin, director of global public affairs for Mylan, told The Record. "We have been working with the FDA to ensure that our customers are aware of Actavis Totowa's recall of Digitek.

"Digitek is manufactured by Actavis and distributed by Mylan. Actavis, as the manufacturer, initiated the recall, and our expectation is that Actavis is responsible for all costs associated with it, including litigation costs. Digitek represents a very small portion of Mylan's global product portfolio."

Attorney Tony O'Dell is representing the Smiths. The case has been assigned to Judge Paul Zakaib.

Kanawha Circuit Court case number 08-C-1069