Preparations under way for upcoming trial in November
Santa Clara, CAEvery day, doctors prescribe Valsartan--an angiotensin II receptor blocker (ARB)--to help patients manage high blood pressure. This drug, known under brand names like Diovan and Prexxartan, is effective in reducing hypertension by relaxing blood vessels.
Unfortunately, recent years have seen thousands of lawsuits emerge due to contamination in some Valsartan batches. This has led to serious health complications including various types of cancer.
If you or a loved one has taken the drug and developed health issues it is best to get in touch with a Valsartan lawyer to understand your options, and continue reading for some recent Valsartan lawsuit updates.
What is Valsartan?
Valsartan is a medication primarily used to treat high blood pressure and heart failure. It works by blocking the action of certain chemicals in the body that constrict blood vessels, which reduces strain on the heart.
This medication is crucial for many people with hypertension as it helps prevent strokes, heart attacks, and other severe cardiovascular issues. However, like any medication, Valsartan can cause side effects. It may also worsen pre-existing kidney issues making it unsuitable for some patients.
What are Valsartan lawsuits?
Valsartan lawsuits involve legal claims filed by individuals who took the blood pressure medication Valsartan which was found to be contaminated with harmful substances like NDMA and NDEA. These chemicals are known carcinogens meaning they can cause cancer.
Lawsuits allege that pharmaceutical companies failed to guarantee the drug’s safety leading to serious health risks for users. Plaintiffs are seeking compensation for medical bills, suffering, and other damages linked to their use of contaminated Valsartan.
These Valsartan lawsuits have been consolidated in multidistrict litigation (MDL) to streamline proceedings in the U.S. District Court of New Jersey.
Why are there Valsartan lawsuits?
Since 2018, numerous lawsuits have been filed against Valsartan manufacturers due to drug contamination. The U.S. Food and Drug Administration (FDA) discovered that certain batches of Valsartan were contaminated with carcinogens such as NDMA (N-nitrosodimethylamine) and NDEA (N-nitrosodiethylamine).
These substances are commonly linked to cancer. They made their way into Valsartan batches produced by companies in China and India for distribution in the United States.
The contamination likely began around 2012 when generic versions of Valsartan became available. By 2018, the FDA estimated that long-term use of these contaminated batches could lead to cancer in roughly one out of 8,000 individuals.
History of Valsartan lawsuits
Initially, plaintiffs filed individual lawsuits against Valsartan manufacturers across the U.S. In February 2019, a federal court consolidated these lawsuits into a multi-district litigation (MDL) in New Jersey. This MDL process allows for a streamlined pre-trial process while each case remains independent for trial purposes.
Since this consolidation, the Valsartan MDL has seen key developments:
March 2022: Retired judges were hired to help with settlement negotiations, but these discussions are ongoing.
December 2022: Courts denied manufacturers' requests to exclude expert testimonies that link contaminated Valsartan to cancer.
December 2023: Three plaintiff classes were certified: Consumer Economic Loss, Medical Monitoring, and Third-Party Payors.
March 2024: A status conference took place though no significant new information was released.
While this MDL isn’t a class action lawsuit, it simplifies the litigation process allowing shared evidence and testimonies. This can accelerate individual cases without merging them into a single lawsuit.
Bellwether trial scheduled for November
In October 2024, developments in the Valsartan cancer lawsuits continue to unfold as the first bellwether trial for the case is in November.
This trial will be an essential moment in the Valsartan multidistrict litigation (MDL). It will offer insights into how a jury might respond to the evidence. This includes claims of blood pressure medication contamination with cancer-causing substances like NDMA and NDEA.
Current status of Valsartan MDL cases
Currently, there are over 1,300 active cases within the Valsartan MDL in the U.S. District Court of New Jersey under Judge Renée M. Bumb’s supervision. In recent months, there have been settlement negotiations with smaller defendants such as Hetero Labs though larger pharmaceutical companies continue to challenge the claims.
Final preparations for the November trial
On October 8, 2024, Valsartan lawyers presented final oral arguments to resolve outstanding issues related to evidence and witness statements in preparation for the November trial. This bellwether trial could significantly impact future settlement discussions and influence the direction of the remaining cases.
Key defendants and their responses
Roughly 20 companies are facing lawsuits in the Valsartan MDL. Primary defendants include Zhejiang Huahai Pharmaceutical Co. Ltd. and Hetero Labs, the manufacturers responsible for producing contaminated batches.
The supply chain has also implicated other companies, such as Prinston Pharmaceutical Inc. Although Prinston initially identified and reported the contamination, its role in the supply chain has led to its inclusion in the litigation.
Some companies, like Novartis (the original patent holder for Valsartan) are not part of these lawsuits as they did not produce or distribute contaminated versions of the drug. Similarly, other manufacturers have distanced themselves by proving their products were not tainted.
Types of claims in Valsartan lawsuits
Lawsuits related to Valsartan contamination include various claims for both cancer and non-cancer health complications.
Bladder cancer
Stomach cancer
Colorectal cancer
Liver cancer
Liver injuries
Steps to file a Valsartan lawsuit
If you took Valsartan and developed health issues, it’s crucial to act quickly. You may be eligible to file a lawsuit but filing deadlines vary by state with many states enforcing a statute of limitations of one to three years. To determine eligibility, a Valsartan lawyer will review the following factors.
Contaminated drug use
Only those who took contaminated Valsartan between 2014 and 2018 are typically eligible.
Diagnosis timeline
The cancer or liver condition must have appeared at least a year after starting the medication and should relate to prolonged exposure.
State statutes
Each state has different rules on when the statute of limitations starts often based on the discovery of the condition.
Potential compensation for Valsartan victims
Those affected by contaminated Valsartan may be eligible for financial compensation. This compensation could cover medical bills, lost wages, and emotional suffering.
Additionally, some plaintiffs are seeking coverage for future medical expenses as many of the associated health conditions will require lifelong care. Individual compensation amounts will vary based on the severity of the injury, treatment costs, and personal circumstances.
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