EVERETT — The family of a Mountlake Terrace man who died during an asthma attack is suing three pharmaceutical companies, alleging his prescription inhaler didn’t work, according to a new lawsuit.
In September 2020, four months after the man’s death, Perrigo Company issued a recall of its albuterol sulfate inhaler. The recall was conducted “due to complaints indicating that some units may not dispense due to clogging,” according to court documents. The complaint alleges Perrigo and the manufacturer of the inhaler created a “defective and unsafe” condition in the devices, and failed to caution about the “unreasonably dangerous” assembly of the product, according to the lawsuit.
On June 12, 2020, Antonio Fritz Sr. filled a prescription for Perrigo’s albuterol sulfate inhaler to help control his asthma, according to the charges. Albuterol sulfate treats asthma by “opening the airways by relaxing the surrounding muscles, making it easier to breathe,” court papers say.
The albuterol sulfate inhaler is also known as a rescue inhaler because it provides “quick relief” for the breathing problems caused by asthma, the documents said.
Less than a week later, Fritz Sr. started having severe asthma symptoms in the morning, according to the lawsuit. His fiancée drove him to the hospital, and Fritz tried to use his prescription inhaler, the lawsuit says.
The inhaler failed to deliver him the medicine, the charges say. Fritz had a heart attack in the car. South County firefighters took him to the hospital, where he died of acute respiratory failure and exacerbation of chronic bronchial asthma, the Snohomish County Medical Examiner’s Office determined. He was 28.
In an obituary for Fritz, family remembered him as an avid Dragon Ball Z fan, football lover and devoted father.
“He got to experience his son’s first steps, first words and first holidays. He had a smile and the personality to warm up a room,” the obituary read.
According to the Food and Drug Administration, Perrigo had received “thousands” of complaints about the product. The manufacturer of the inhaler, Catalant Pharma Solutions, halted production and distribution of the inhaler in August 2020.
Since 2020, there have been four other asthma-related deaths in Snohomish County, according to the medical examiner’s office. It’s not known if they were related to inhaler malfunctions.
The defendants in the lawsuit, filed earlier this month in Snohomish County Superior Court, were Perrigo, the distributor of the inhaler; Catalant, the manufacturer; and Padagis LLC, a former subsidiary of Perrigo.
The plaintiff’s representation, Friedman Rubin PLLP, declined an interview request. Perrigo also did not immediately respond to The Herald’s request for comment.
Jonathan Tall: 425-339-3486; jonathan.tall@heraldnet.com; Twitter: @EDHJonTall.
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