Patients who were improperly prescribed the fentanyl spray Subsys may be at risk of addiction, overdose, or other potentially deadly complications.

If you or a loved one have experienced side effects caused by the fentanyl spray, you may be eligible to file a lawsuit against the drug’s manufacturer and seek compensation for these injuries.

What is Subsys?

Subsys is a sublingual fentanyl spray manufactured by Insys Therapeutics. The drug was approved by the Food and Drug Administration in 2012.

Subsys is prescribed to patients in a small bottle that can be sprayed under the tongue when they experience breakthrough pain. The drug is then absorbed into the body through the mucosa membranes beneath the tongue.

Fentanyl is an extremely powerful opioid painkiller – about 80-100 times more potent than morphine. Because of the extreme potency of fentanyl, Subsys is only approved by the FDA to be prescribed to opioid-tolerant patients with severe, chronic pain, such as cancer patients.

Side Effects of Subsys Fentanyl Spray

The FDA placed restrictions on Subsys and other fentanyl products because of the extremely dangerous nature of this drug. When fentanyl products like Subsys are prescribed to patients who have not developed a tolerance for opioids, they face an increased risk of a potentially fatal drug overdose. Fentanyl users may also suffer a combined drug overdose caused by interactions between fentanyl and other respiratory depressant medications.

Patients who are prescribed the Subsys fentanyl spray may also become dependent upon or addicted to this medication. When patients who develop a fentanyl addiction are no longer able to obtain the drug from their doctor or pharmacy, they may turn to synthetic fentanyl or other illicit opioids in order to manage their addiction, further increasing their risk of an overdose.

Insys Files for Bankruptcy Following Kickback Allegations

Despite FDA guidelines that Subsys should only be prescribed to opioid-tolerant patients with severe pain, Insys Therapeutics was accused of illegally marketing the drug to patients who fall outside the FDA guidelines. Between 2012 and 2015, Insys established a “speakers program” that paid kickbacks to doctors who prescribed Subsys to patients. The kickbacks were listed as “speaking fees” in order to hide these illegal payments from authorities.

In June 2019, Insys agreed to pay a $225 million fine and plead guilty to five counts of mail fraud in order to settle criminal and civil charges by the federal government over the company’s Subsys kickbacks scheme. This settlement with federal prosecutors came only a month after former Insys CEO John Kapoor and four other executives from the company were found guilty of racketeering over the company’s nationwide Subsys bribery scheme.

Less than a week after the company agreed to a settlement with federal authorities, Insys filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court in the District of Delaware. The filing was the first time that a prescription painkillers manufacturer has filed for bankruptcy in connection with the nationwide opioid epidemic.

Contact Us For a Free Legal Consultation

If you or a loved one used Subsys and suffered injuries or other complications from the fentanyl spray, you may be eligible to file a claim for compensation with the bankruptcy court. Patients who became addicted to Subsys may also qualify to file a lawsuit. The first step in taking legal action is to speak with an experienced pharmaceutical litigation attorney to find out whether you qualify.

The lawyers at Hissey, Mulderig & Friend have represented thousands of clients and their families across the U.S. Our attorneys have handled cases involving injuries caused by dangerous drugs, defective medical devices, and other consumer products. At Hissey, Mulderig & Friend, we believe that all clients deserve the right to exceptional legal representation to ensure that their rights are fully protected.

For more information about lawsuits against Insys over Subsys – and to find out whether you qualify to take legal action – contact the lawyers at Hissey, Mulderig & Friend for a free legal consultation. You can reach us by calling our office toll-free at 1-866-806-8117, or by filling out the free case evaluation form located on the right side of this page.