A U.S. federal jury awarded $5.5 million US to the father of a man who died while wearing a drug patch made by two Johnson & Johnson subsidiaries.

'The evidence was overwhelming that they knew they were manufacturing patches … that were leaking fentanyl gel.'—Lawyer Jim Orr

Janssen Pharmaceutica Products and ALZA Corp., both New Jersey-based businesses, were liable in the death of Adam Hendelson, 28, who died in 2003 while wearing the companies' Duragesic patch, the jury in U.S. District Court in West Palm Beach ruled. The patch delivers controlled doses of the powerful painkiller fentanyl.

Hendelson had chronic hip pain after a car accident and wore the patch on his arm, said Jim Orr, lawyer for Hendelson's father, Lee, who filed the lawsuit on behalf of his son's estate.

"The evidence was overwhelming that they knew they were manufacturing patches …that were leaking fentanyl gel," Orr said Tuesday, adding the drug is 100 times stronger than morphine.

"Despite that fact, they were releasing the product out into the marketplace. The jury result says that that's not acceptable."

His son was found dead at his computer.

A spokesman for Janssen and Alza said the companies are considering an appeal.

"We sympathize with the Hendelson family over their loss," said spokesman Greg Panico. "However, we disagree with the jury's verdict and we're considering our options for an appeal."

Orr said tests showed Hendelson had at least three times the lethal dose of fentanyl in his system at the time of his death.

Tuesday's verdict was the first in a U.S. federal case against the makers of the patch. Orr said he knows of up to 30 others filed across the United States.

Last year, a Houston jury awarded $772,500 US to the daughter of a woman who died after wearing the patch. At the time, Alza said it was confident in the safety of the product.

U.S. FDA investigating quality of patch

The U.S. Food and Drug Administration announced in 2005 it was investigating 120 deaths among users of patches that emit fentanyl, and warned patients to be sure to use the powerful narcotic properly to avoid accidental overdose. While at least some of the deaths appeared to have been accidental, the agency at the time said it was investigating whether there were also factors related to the product's quality.

A telephone message left with the FDA was not immediately returned Tuesday.

In 2005, Health Canada issued an advisory warning of potential adverse side-effects associated with Duragesic that included hypoventilation (slowed breathing), fatigue, and the inability to think, talk or walk normally. The federal agency also said there have been reports of deaths in Canada involving the improper use and abuse of Duragesic patches.

The patches were first approved under the brand name Duragesic in 1990. A generic version hit the market in 2005. Deaths of users have been reported to the FDA for both versions.