Illinois-based medical manufacturer Baxter has filed a lawsuit against Israeli drugmaker Teva that aims to ensure the company maintains its financial responsibility in the ongoing Nevada hepatitis outbreak lawsuits.
According to a argue that the packaging of the sedative without sufficient safety warnings led to multiple uses of single-dose vials, transmitting the disease.
At the time of the outbreak, Baxter distributed propofol to U.S. facilities for Teva.
Teva has already settled many of the hundreds of lawsuits filed against it, and has drafted an indemnity agreement with Baxter to cover a portion of the financial damages that courts award to victorious plaintiffs. But some dispute remains over whether the agreement holds Teva responsible for punitive as well as compensatory damages.
Last year, the first hepatitis lawsuit to reach a verdict resulted in a jury ordering the 2 drugmakers to pay a patient $500 million, with Teva assigned to pay $356 million and Baxter $144 million.
Criminal charges against Dipak Desai, MD, the former owner of the GI clinics, are awaiting a ruling on his competency to stand trial.
David Bernard
