David Muñoz | February 2, 2022 | Personal Injury
A Valsartan lawsuit is a legal claim for damages filed by consumers who developed cancer after taking the medication.
Valsartan is a popular blood pressure medication. Doctors prescribe Valsartan to treat hypertension and congestive heart failure. Valsartan lawsuits filed by individuals allege that the drug caused various forms of cancer.
The U.S. Food and Drug Administration issued a recall in July 2018 of some Valsartan products. The FDA issued the recall after discovering a probable human carcinogenic called N-nitrosodimethylamine (NDMA) in Valsartan. NDMA has been identified as a probable human carcinogen.
If you or a family member is taking Valsartan or one of its generic forms, the FDA recommends that you contact your doctor to discuss whether your medication has been recalled. Discontinuing medication without discussing it with your doctor could result in severe medical conditions.
You can also search the FDA’s website for recalled angiotensin II receptor blockers (ARB) drugs, including Irbesartan, Losartan, and Valsartan.
What Types of Cancer Are Associated with Valsartan?
Being exposed to elevated levels of NDMA can cause severe liver damage.
Even in small amounts, NDMA can increase the risk of developing several types of cancer including:
- Liver cancer
- Stomach cancer
- Colon cancer
- Cancer of the gastrointestinal tract
- Kidney cancer
- Esophageal cancer
- Multiple myeloma
- Pancreatic cancer
- Non-Hodgkin’s lymphoma
- Prostate cancer
If you were diagnosed with cancer after taking Valsartan (or its generic version, Diovan), you should speak with a San Diego Valsartan lawsuit attorney immediately. You could have a claim against the drug manufacturer for damages. A lawyer can evaluate your case to determine if you meet the criteria to file a Valsartan lawsuit.
What is the Status of Valsartan Cancer Lawsuits?
Thousands of people have filed lawsuits against drug manufacturers, pharmacies, retailers, and other parties alleging damages caused by Valsartan.
Defendants include, but are not limited to:
- Torrent Pharmaceuticals Limited
- Teva Pharmaceuticals
- Solco Healthcare
- Major Pharmaceuticals
- Zhejiang Huahai Pharmaceutical Co., Ltd. (ZHP)
- Hetero Labs
- Mylan (Viatris)
- Rite Aid
The courts created a multidistrict litigation (MDL) for the Valsartan lawsuits.
An MDL is not a class-action lawsuit. Instead, individual lawsuits are consolidated in one court for the initial discovery and pre-trial phase. After that, each case goes to trial before a different jury.
The cases allege similar allegations against the same defendants. Therefore, consolidating the cases for the initial phases of litigation reduces the burden on the federal courts. It also is more efficient for all parties involved in the lawsuits.
The Valsartan MDL is consolidated in New Jersey. The Valsartan lawsuits are still in the early phase, so there have been no settlements or jury verdicts.
Allegations of Negligence and Wrongdoing Against Valsartan Manufacturers
Valsartan lawsuits allege several causes of action under product liability law for damages caused by Valsartan.
The legal basis for claims include, but might not be limited to:
- Manufacturing defects
- Improper or inadequate Black box warnings
- Failing to warn consumers of the potential harm of severe injury or death
- Strict liability for product defects
- Breach of implied and express warranties
The drug manufacturer can be held strictly liable for damages in many cases. In other words, you do not need to prove that the drug company intended to cause harm if the pharmaceutical company sold a defective drug or failed to provide adequate warnings.
What Damages Can I Receive for a Valsartan Claim?
The types of damages awarded for product liability and defective medication claims include economic damages. Economic damages represent the monetary losses caused by the defendant’s conduct.
Examples of economic damages in a Valsartan lawsuit might include:
- Cost of medical treatment for cancer caused by taking the medication
- Expenses related to personal care and nursing care
- Loss of income and benefits, including reductions in earning potential and future lost wages
- Travel expenses to and from medical appointments
- Out-of-pocket expenses and costs
Additionally, plaintiffs can receive compensation for the pain and suffering caused by the defective medication.
Non-economic damages include:
- Physical pain and suffering
- Reduced quality of life
- Permanent impairments and disabilities
- Emotional suffering
- Loss of enjoyment of life
- Mental anguish
Families who lost loved ones because of cancer caused by Valsartan can recover damages by filing a wrongful death lawsuit.
There are no caps on the amount of damages a jury may award. Big pharmaceutical companies make billions of dollars from the drugs they sell to consumers. They need to be held accountable when their negligence and wrongdoing cause injury and harm to individuals.
Do I Have a Valsartan Case?
Talk with a Valsartan lawsuit attorney to determine if you have a case. There are deadlines for filing Valsartan lawsuits. Consulting an attorney as soon as possible is the best way to protect your right to compensation for damages.
Contact Our Personal Injury Law Firm in San Diego Today To Get More Information
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