PINEVILLE — A woman claims drug manufacturers are at fault for injuries sustained by a baby who was born addicted to opioids.
Christy Dameron filed the lawsuit on behalf of B.R. Damron, a minor, against McKesson Corporation, AmerisourceBergen Drug Corporation, Miami-Luken, H.D. Smith, Actavis Pharma, KVK-Tech, Endo Health Solutions, Endo Pharmaceuticals, Par Pharmaceutical, SpecGX and Mallinckrodt Enterprises in Wyoming Circuit Court.
Christy Damron claims while B.R. Damron's birth mother, Jessica Tilley, was pregnant with her, she consumed oxycodone and oxymorphone that was manufactured and distributed by the defendants.
Christy Damron claims Tilley obtained the medications legally through prescriptions written for her, as well as illegally through the diversion of pills from suspicious prescriptions written for others.
When B.R. Damron was born on June 23, 2013, and suffered from withdrawal symptoms and lasting developmental impacts, according to the suit. She suffered excruciating pain due to her addiction and was administered methadone for the first few weeks of his life to help with withdrawal.
Christy Damron claims the defendants were negligent and their wrongful conduct in failing to maintain effective controls against diversion and failure to report suspicious orders caused B.R. Damron's injuries.
The defendants' conduct fell below the reasonable standard of care and, despite the knowledge that their products were being abused in a large scale manner, they did not alter the design of the product to be "enteric" until recently — after years of public and legal pressure, according to the suit.
Christy Damron is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by W. Stuart Calwell Jr., L. Dante diTrapano, Alex McLaughlin and Benjamin D. Adams of Calwell Luce diTrapano; Timothy P. Lupardus of Lupardus Law Office; P. Rodney Jackson of the Law Offices of P. Rodney Jackson; and R. Booth Goodwin of Goodwin & Goodwin.
The case is assigned to Circuit Judge Warren R. McGraw.
Wyoming Circuit Court case number 20-C-24
