Chanin v. Endoscopy Center

Summary

Henry and Lorraine Chanin asserted products liability claims against pharmaceutical companies Teva and Baxter after Henry contracted hepatitis C at Desert Shadow Endoscopy Center as a result of unsafe injection practices.

The plaintiffs claimed that the large vials of the anesthetic Propofol, manufactured and supplied by the defendants, were too large for the procedures performed at endoscopy centers, and therefore would foreseeably result in multidosing (using the same vial for multiple patients). The defendants allegedly knew that their 10ml and 20ml vials were safer, but nonetheless provided the larger size.

The jury awarded $5M in compensatory damages, based on failure to warn, and breach of implied warranty of fitness for a particular purpose, but not based on strict liability for a defective product design.

The jury also found that both Teva and Baxter were liable for punitive damages, and awarded $500M.

For more on the Chanin trial, visit the CVN Blog.