Plaintiffs’ attorneys have raised concerns over the current 3.5-week trial schedule, arguing that it may not provide enough time to address the complexities of the case. They have suggested either an earlier start to the trial or an extension of the timeline to ensure sufficient time for witness testimonies and defense presentations.
What Is Valsartan?
Valsartan is a prescription medication commonly used to treat high blood pressure (hypertension), heart failure, and reduce the risk of death in patients who have suffered a heart attack. It belongs to a class of drugs known as angiotensin II receptor blockers (ARBs). These medications help to relax blood vessels, improve blood flow, and lower blood pressure by blocking the effects of a hormone called angiotensin II. Angiotensin II causes blood vessels to tighten, and valsartan helps to prevent this, resulting in improved heart function and reduced strain on the cardiovascular system.
Marketed under the brand name Diovan, valsartan has been prescribed since its FDA approval in 1996, with generic versions becoming available in 2014. Over the years, valsartan has become a widely used medication for controlling hypertension, a common condition affecting millions of Americans.
Why is There a Valsartan Lawsuit?
In July 2018, the U.S. Food and Drug Administration (FDA) announced a recall of valsartan due to contamination concerns. Certain batches of the drug were found to be tainted with N-nitrosodimethylamine (NDMA) and N-nitrosodiethylamine (NDEA), both of which are classified as probable human carcinogens by the World Health Organization and the U.S. Environmental Protection Agency. These contaminants were linked to the manufacturing processes at two major suppliers: Zhejiang Huahai Pharmaceutical Co. Ltd. in China and Hetero Labs in India.
The contamination is believed to have begun as early as 2012, when the manufacturing process changed. This issue, however, did not come to public attention until 2018, when regulatory bodies discovered that these impurities were present in the drugs. Over four years, patients who relied on valsartan for controlling blood pressure and heart failure unknowingly ingested potentially dangerous levels of NDMA and NDEA. These substances are linked to a higher risk of developing various types of cancer.
History of the Valsartan Litigation
The valsartan lawsuits began gaining traction shortly after the 2018 recall. Individuals who had taken the contaminated drug and subsequently developed cancer began filing personal injury lawsuits against the manufacturers, distributors, and pharmacies that sold valsartan. These lawsuits primarily claim that the pharmaceutical companies failed to ensure the safety and quality of their product and did not adequately warn patients or healthcare providers of the potential risks.
In 2019, the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated valsartan lawsuits into a multidistrict litigation (MDL) in the U.S. District Court for the District of New Jersey. MDL No. 2875 currently handles hundreds of cases filed by individuals diagnosed with cancer after taking valsartan. By consolidating these cases, the court system can streamline pretrial proceedings, making it easier to handle large numbers of similar cases efficiently.
Throughout the litigation, the primary defendants have included Zhejiang Huahai Pharmaceutical Co., Ltd., Hetero Labs, Mylan Pharmaceuticals, Teva Pharmaceuticals, and others involved in the supply chain. The FDA has played a significant role in uncovering the contamination, but the legal responsibility lies with the companies that manufactured, tested, and distributed the tainted valsartan.
As of 2024, more than 1,200 valsartan lawsuits are pending, and legal experts anticipate that number will continue to grow as more individuals come forward. The lawsuits seek compensation for medical costs, pain and suffering, lost wages, and, in some cases, punitive damages to penalize companies for negligence.
Most recently, the court overseeing the MDL has set the stage for bellwether trials, which are set to begin in November 2024. These trials are crucial because they provide insight into how juries are likely to respond to the evidence and legal arguments presented by both sides.
Bellwether trials often pave the way for settlements, as they give both plaintiffs and defendants a clearer picture of the potential outcomes in court. The results of these early trials could encourage pharmaceutical companies to settle out of court to avoid the cost and uncertainty of additional litigation.
In addition to individual lawsuits, class action lawsuits have been certified. These class actions include individuals who purchased valsartan but have not yet developed cancer, as well as third-party payers like insurance companies that paid for the contaminated drugs. Plaintiffs in these cases seek refunds and the costs of medical monitoring for cancer detection.
What Injuries Are Linked to Valsartan?
The primary concern surrounding valsartan contamination is the increased risk of cancer due to NDMA and NDEA exposure. These chemical compounds are known to cause DNA damage, which can lead to cancerous mutations. The types of cancers most commonly associated with NDMA exposure from valsartan include:
- Colorectal Cancer
- Intestinal Cancer
- Stomach (Gastric) Cancer
- Liver Cancer
- Esophageal Cancer
- Bladder Cancer
- Prostate Cancer
- Non-Hodgkin’s Lymphoma
- Multiple Myeloma
- Leukemia
These are life-threatening conditions, many of which require aggressive treatments like chemotherapy, surgery, or radiation. For some, the damage caused by exposure to NDMA-contaminated valsartan has led to long-term medical care, loss of income, and significant emotional distress.
The Most Severe Valsartan Related Injuries
While all cancer diagnoses linked to NDMA exposure are serious, certain types of cancer carry particularly grim prognoses:
Liver Cancer: The liver is responsible for processing toxins in the body, so it is especially vulnerable to carcinogens like NDMA. Liver cancer is one of the most aggressive forms of cancer, with a five-year survival rate of only around 18%.
Pancreatic Cancer: Pancreatic cancer often goes undetected until it has spread to other parts of the body. It has one of the lowest survival rates among cancers, with only about 10% of patients surviving five years after diagnosis.
Stomach (Gastric) Cancer: Exposure to NDMA has been linked to stomach cancer, another form of cancer with low survival rates if not caught early. The symptoms, including abdominal pain, nausea, and loss of appetite, are often dismissed as other less serious ailments, delaying diagnosis.
Colorectal Cancer: Colorectal cancer is directly linked to digestive exposure to NDMA, making it a key risk for those who have taken valsartan. Depending on when it’s diagnosed, survival rates vary significantly.
How Our Office Can Help You
At Fleming, Nolen & Jez, we are still actively accepting valsartan cases. If you or a loved one has taken valsartan and has been diagnosed with any of the cancers mentioned, you may be entitled to compensation. Our lead attorney, David Hobbs, is a seasoned litigator who has taken on some of the most complex mass tort cases in the country. Under his leadership, we are prepared to fight for your rights and help you get the compensation you deserve.
Our team of experienced attorneys is well-versed in product liability and pharmaceutical litigation, and we understand the challenges that cancer patients face. We offer free consultations to discuss your case and determine the best course of action. You don’t need to worry about upfront costs—we work on a contingency fee basis, meaning you only pay us if we recover compensation on your behalf.
Why Choose Fleming, Nolen & Jez?
Proven Experience: Our attorneys have decades of experience in mass torts and product liability cases, including those involving pharmaceutical products like valsartan. We’ve successfully represented clients in similar situations, securing millions in compensation for injured individuals.
Personalized Attention: At Fleming, Nolen & Jez, we treat each client like family. We understand the toll that cancer takes on individuals and their families, and we are here to provide compassionate, personalized legal representation.
Nationwide Reach: Although we are based in Houston, Texas, we represent clients nationwide. Whether you are in Texas or any other state, we can help you pursue justice for your injuries.
No Upfront Costs: We know that dealing with medical bills and other financial burdens is overwhelming. That’s why we don’t ask for any upfront fees. We only get paid if we win your case.
You Still Have Time to File a Claim
It’s important to note that time may be running out to file a valsartan claim. Statutes of limitations vary by state, and the clock may already be ticking on your ability to pursue compensation. If you’ve been diagnosed with cancer after taking valsartan, now is the time to act.
At Fleming, Nolen & Jez, we are here to help. Our legal team is ready to fight for you. If you or a loved one has been affected by contaminated valsartan, don’t hesitate to reach out. Contact us today for a free consultation with David Hobbs and learn more about your legal rights.
One Comment
Great article!