Local firm files suit on Propulsid

A Springfield law firm has filed a class-action lawsuit against the pharmaceutical giant Johnson and Johnson charging that it misled doctors about side effects of the popular brand name heartburn drug Propulsid.

The suit demands an injunction to prevent further marketing of the drug as well as monetary damages.

Aleshire, Robb and Sivils PC also named Janssen Pharm-aceutica Inc. and Frank White III as defendants.

The Springfield firm joined with five other Missouri law firms "to pool their talent and resources" in the suit, according to Greg Aleshire. Much of the paper evidence is in Belgium, he added.

About 70 deaths have been related to use of the drug, also known as cisapride, the suit charges. It states that when taken as prescribed, the drug causes or contributes to "serious heart conditions, such as ventricular fibrillation, ventricular tachycardia" and other heartbeat irregularities.

The suit alleges that "defendants omitted, suppressed or concealed material facts concerning the dangers and risk associated with the use of Propulsid."

In January 2000, the Food and Drug Administration issued a strong warning to doctors about the possible dangers of Propulsid.

However, the defendants didn't stop active marketing of the drug until March 2000, Aleshire said.

The suit claims the defendants were aware as early as 1993 that the drug could cause heartbeat irregularities, yet they failed to warn prescribing physicians or the general public.

From 1993 to 1998, 38 deaths were associated with the ingestion of Propulsid, but the defendants failed to perform any tests to investigate the relationship between the deaths and ingestion of the drug, the suit alleged.

The six Missouri law firms involved in the case are suing on behalf of Carol Fountain of Blue Springs and Betty Henderson of Lee's Summit.

They seek the creation of a court-supervised fund to provide medical screening, services, research and education and a medical/legal registry to assure that those who took the drug are given prompt and proper diagnosis and treatment of health problems caused by Propulsid ingestion.

Also participating in the suit are the Kansas City law firms of J. Scott Bertram, Devereux Murphy LLC, Wagstaff and Cartmell, The Popham Law Firm and the Columbia law firm of Rotts and Gibbs LLP.