Fentanyl Overdose & Montana Wrongful Death Lawsuits

Learn how a wrongful death lawsuit can provide a path to justice and compensation after a fentanyl overdose

Fentanyl, a powerful synthetic opioid, has emerged as a major public health crisis in recent years, contributing significantly to the surge in overdose deaths across the United States.

In fact, according to the Centers for Disease Control and Prevention (CDC), more than 150 people die every single day in the U.S. from synthetic opioid overdoses, which include fentanyl.

This potent substance, which is up to 50 times more powerful than heroin and 100 times more powerful than morphine, poses a grave risk even in small quantities, making it one of the most dangerous drugs on the streets today. Additionally, its ability to be mixed with other drugs often means individuals are unaware they’re consuming it, leading to an alarming increase in accidental overdoses.

In Montana, as in the rest of the country, the fentanyl crisis has devastated families and communities, leaving a trail of grief and unanswered questions in its wake. If your loved one has tragically overdosed on fentanyl, you might be feeling a mix of sorrow, confusion, and anger.

Under certain circumstances, it’s possible to seek justice and compensation through a wrongful death lawsuit. While no amount of money can truly compensate you for the loss of your loved one, holding responsible parties accountable can provide a sense of closure and financial support for the burdens you face.

If you find yourself in this heartbreaking situation, understanding your legal rights is the first step toward potential recourse.

What is the drug fentanyl used for?

Fentanyl is a powerful opioid drug used to manage pain, primarily in medical settings. It’s typically prescribed for severe pain, especially for patients undergoing surgery or those with chronic pain conditions who have developed a tolerance to other opioids. 

Due to its potent effects, it’s also used in palliative care to alleviate pain in seriously ill patients, such as those with cancer. However, due to its high potency, fentanyl usage is strictly regulated and monitored in medical contexts.

Why are overdoses with fentanyl so common?

Overdoses with fentanyl are common due to its extreme potency, which is estimated to be about 100 times stronger than morphine. This high potency means even a small amount can cause an overdose, particularly in individuals who have not developed a tolerance to opioids.

The majority of fentanyl overdoses occur in people who have taken illegally made fentanyl, rather than pharmaceutical fentanyl, which is prescribed by a doctor.

Users of illegally made fentanyl are often unaware they’re consuming the drug, as it is often illicitly mixed with other drugs, such as heroin or cocaine, to increase their potency, leading to accidental overdoses. 

The drug’s rapid onset of action can suppress breathing and lead to fatal respiratory failure quickly, often before emergency help can be provided.

Can you sue if a loved one dies from a fentanyl overdose?

Yes, if a loved one dies from a fentanyl overdose, it may be possible to sue, depending on the circumstances surrounding the death. 

If the fentanyl was prescribed by a health care provider and there was a failure in that provider’s duty of care, resulting in an overdose, a wrongful death lawsuit could be viable. It’s also worth noting that manufacturers and distributors of fentanyl could potentially be held liable if there was a failure to warn about the drug’s risks or other forms of negligence.

Below are some scenarios in which a health care provider or manufacturer may be liable for a fentanyl overdose:

• Prescription errors. If a health care provider prescribed an incorrect dosage of fentanyl, prescribed fentanyl when it is contraindicated due to the patient’s medical history, or failed to monitor the patient adequately while they are taking fentanyl.
• Lack of informed consent. If the health care provider failed to properly inform the patient or their family about the risks associated with fentanyl, including the potential for addiction and overdose.
• Improper administration. If a nurse or other health care professional administered the wrong dose or incorrectly administered fentanyl in a hospital or clinical setting, leading to overdose.
• Faulty product. If the manufacturer produced fentanyl patches or other fentanyl products that were defective, leading to unintended exposure to or release of the drug.
• Failure to warn. If the drug manufacturer failed to provide adequate warnings about the risks of fentanyl, including the risk of overdose, or failed to provide proper instructions for safe use.
• Negligent marketing practices. If a manufacturer or distributor engaged in marketing practices that downplayed the risks of fentanyl or promoted off-label, unsafe uses of the drug.
• Pharmacy errors. If a pharmacy dispensed the wrong medication or the wrong dosage or mislabeled the medication, leading to an overdose.

If the overdose resulted from illicitly obtained fentanyl, it might be possible to pursue a wrongful death lawsuit against the dealer or distributor under certain conditions, although it can be more difficult to recover compensation in these cases.

Because these cases can be complex and challenging to prove, it’s crucial to consult with an experienced wrongful death attorney who can assess the specifics of your case and advise on the best legal path forward.

Is there a lawsuit against Snapchat for fentanyl overdose?

Yes, there is an ongoing lawsuit against Snapchat related to fentanyl overdoses. In October 2022, families of more than 60 children who died from fentanyl overdoses filed a lawsuit against Snap Inc., the parent company of Snapchat. 

The lawsuit alleges that the social media platform facilitated the trade of illegal drugs, leading to the children’s deaths from fentanyl overdoses. A Los Angeles judge has allowed this lawsuit to proceed, marking a significant step forward for the plaintiffs.

Montana families interested in joining or filing a similar lawsuit should seek assistance from a wrongful death attorney experienced in handling cases related to drug overdoses and social media platforms. An experienced attorney can provide guidance on the legal options available for families to seek justice and compensation for their loss.

Who can file a wrongful death lawsuit in Montana?

In Montana, the individuals who can file a wrongful death lawsuit are typically those who were closest to the deceased, including:

• The spouse of the deceased
• Parents or legal guardians, if the deceased was a minor under the age of 18
• The child or children of the deceased
• Siblings of the deceased
• A person designated as the representative of the deceased’s estate, as outlined in a living will or estate plan

Eligibility can vary depending on the circumstances of your case, so it’s best to consult with a wrongful death attorney who can explain your rights under the current Montana laws.

What are the wrongful death damages in Montana?

In Montana, wrongful death damages are intended to address the financial and emotional loss suffered by the deceased’s family. 

These damages can include the medical expenses incurred from the fentanyl overdose prior to the deceased’s death. They can also cover the loss of financial support, reflecting the income the deceased would have contributed to their family if they had lived, as well as funeral and burial expenses.

Beyond financial aspects, damages also recognize the profound personal loss, compensating for the loss of companionship, affection, and moral support the deceased offered. For the surviving spouse, this includes loss of consortium, which covers the loss of marital benefits.

Furthermore, the estate may receive damages for the pain and suffering the deceased endured before passing. Collectively, these damages aim to provide some measure of solace and financial stability to the bereaved family during their time of loss.

Get help from an experienced Montana wrongful death attorney

If your family is grappling with the loss of a loved one due to wrongful death, it’s crucial to know that you’re not alone during this challenging time. The compassionate team at Murphy Law Firm understands the profound impact of your loss and is committed to helping you navigate the legal process with empathy and respect.

With over 75 years of combined experience, our knowledgeable Great Falls wrongful death attorneys can provide the guidance and support you need to secure the compensation and justice your family deserves. We’re here to handle the legal complexities and advocate on your behalf, allowing you to focus on healing and honoring the memory of your loved one.

Feel free to reach out to Murphy Law Firm for a free consultation, and allow us to help you take the first step toward finding closure and peace.