If you used a prescription or over-the-counter oral sodium phosphate (OSP) product and suffer from acute phosphate nephropathy, you may be entitled to legal compensation. 

Prescription OSP drugs include Visicol, OsmoPrep, which received black box warnings on December 11, 2008 regarding acute phosphate nephropathy.  Over-the-counter OSP Fleet Phospho-soda, marketed by C.B. Fleet, was voluntarily recalled on December 11, 2008 by the company after the FDA determined that the product should only be available by prescription. 

Acute phosphate nephropathy is a form of acute kidney injury associated with deposits of calcium-phosphate crystals in the renal tubules.  Acute phosphate nephropathy can result in permanent renal function impairment.

There are a series of questions that Visicol lawyers or Fleet Phospho Soda lawyers will ask you to evaluate your case.  You or a family member may be able to answer some of the questions but if you can’t, our lawyers can work with you to collect the information necessary to evaluate your Visicol lawsuit or Fleet Phospho Soda lawsuit.  The issues that potentially will need to be addressed include:

  • Age when acute renal failure (ARF) was diagnosed?
  • How was the patient advised to purchase and use an OSP (for example, did the patient receive a prescription and printed handout from the doctor’s office that was performing the colonoscopy)?
  • The date the OSP was purchased?
  • Where was the OSP purchased and does the patient have proof of purchase?
  • When did the patient use the OSP?
  • Was the OSP used as recommended by the doctor and/or the information provided by the manufacturer?
  • Does the patient still have the printed instructions or other written material about the purchase or use of OSPs that the patient received?
  • Was there a baseline (pre-ARF; pre-use of OSPS) creatinine level?
  • Was a colonoscopy procedure done and if so, where was it done, and by whom was it performed? 
  • When did the patient first develop symptoms consistent with acute renal failure?
  • What lab work was done (e.g., urine protein, serum calcium, and serum phosphorus)?
  • Was a kidney biopsy done and, if so, when and where?
  • Was the patient using OSPs with– ACE inhibitors such as captopril (Capoten), benazepril (Lotensin), enalapril (Vasotec), lisinopril (Prinivil, Zestril) fosinopril (Monopril), ramipril (Altace), perindopril (Aceon), quinapril (Accupril), moexipril (Univasc), and trandolapril (Mavik)  –  ARBs such as candesartan (ATACAND), eprosartan (TEVETAN), irbesartan (AVAPRO), telmisartan (MYCARDIS), valsartan (DIOVAN), and losartan (COZAAR)–  diuretics –  NASIDS
  • Did the patient have a history of Hypertension (high blood pressure) before use of OSPS?
  • Did the patient have pre-existing chronic kidney disease?
  • Did the patient have a history of diabetes before use of OSPS? 
  • Did patient have a pre-existing electrolyte disorder? 

If you think you have an OSP lawsuit, contact us today for a free, confidential and no-obligation case evaluation. 

Published November 17, 2011 by