Muhammad Ramadan | August 30, 2023 | Product Liability
Thousands of lawsuits have been filed related to injuries and damages caused by the popular medication Valsartan. The lawsuits name drug manufacturers and drug store retailers as defendants.
Valsartan lawsuits allege various causes of action for damages that are based on product liability, including but not limited to strict liability, negligence, fraud, breach of warranty, and failure to warn. Many of the Valsartan lawsuits have been combined into a multidistrict litigation case (Valsartan MDL 2875).
The MDL is not a Valsartan class action lawsuit. Instead of one case applying to multiple plaintiffs, each original lawsuit remains independent. They can be settled or go to trial based on the merits of the individual case.
An MDL combines the cases for discovery and pre-trial motions because the cases involve the same parties and causes of action. Combining the lawsuits for pre-trial matters is more cost-effective and less time-consuming.
Can I File a Valsartan Lawsuit?
An experienced Chicago Valsartan lawsuit attorney can review your case during a free consultation to determine if you have a cause of action. Depending on your situation, an attorney might file a lawsuit for failure to warn you about the potential dangers of severe injuries or death.
Some plaintiffs are suing because they took contaminated Valsartan and it put them at risk of cancer. Currently, there have not been any verdicts or settlements of cases involving contaminated Valsartan.
If the drug manufacturer or other parties knew of a defect, they could be held strictly liable under product liability laws. The allegations in your lawsuit will depend on the specific facts and circumstances of your situation.
What Is Valsartan?
Valsartan is the generic version of Diovan. It is an angiotensin II receptor blocker (ARB) that helps regulate blood pressure. Physicians prescribe the medication because it is marketed to help:
- Prevent kidney malfunction for individuals with diabetes
- Reduce the risk of strokes
- Lower blood pressure to prevent hypertension
- Reduce the risk of congestive heart failure
Valsartan replaced other medications for high blood pressure and heart conditions because it was considered safer with fewer side effects. The medication was not necessarily as effective as the other hypertension medications, but it became a popular option prescribed by doctors throughout the United States.
Valsartan Contamination Associated with Increased Risk of Cancer
The Food and Drug Administration (FDA) learned in the Summer of 2018 that some generic versions of ARB medicines contained NDMA (N-Nitrosodimethylamine) and NDEA (N-Nitrosodiethylamine). The substances are probable human carcinogens, meaning they can increase the risk of developing certain cancers.
The nitrosamine impurities did not meet FDA standards. Therefore, the contaminated lots of Valsartan were recalled beginning in July 2018. The FDA discovered that the medication had been contaminated with NDMA during the manufacturing process.
Exposure to NDMA at elevated levels can damage the liver and increase the risk of developing cancer of the:
- Gastrointestinal tract
Exposure to contaminated Valsartan products can increase the risks of other cancers, including gastric, prostate, intestinal, esophageal, and pancreatic cancer. It could also increase a person’s risk of developing leukemia, non-Hodgkin’s lymphoma, and multiple myeloma.
What Damages Can Some Receive for a Valsartan Lawsuit?
Each case is unique, so you should speak to a Chicago Valsartan lawsuit attorney to discuss the damages you could receive for a case.
The plaintiffs in Valsartan lawsuits are seeking compensation for their economic and non-economic damages, including:
- Physical pain and suffering
- Lost wages and benefits
- Emotional distress and mental anguish
- Medical bills and expenses
- Impairments and disabilities
- Out-of-pocket expenses
- Reductions in earning capacity
- Loss of enjoyment of life and decrease in quality of life
- Personal and/or nursing care
If a person dies because of cancer related to Valsartan defects or contamination, the family could pursue a wrongful death claim for damages. In some cases, juries may award punitive damages to “punish” the drug manufacturer and other defendants for their wrongful and negligent acts.
What Should You Do if You Took Contaminated Valsartan?
People taking Valsartan might be worried they are at risk of developing cancer or other illnesses. Talk with your physician immediately if you took Valsartan between 2015 and 2019. Stopping a medication without a doctor’s advice can be life-threatening.
If you took Valsartan and developed cancer, you can speak with an experienced Chicago Valsartan injury lawyer about filing a lawsuit. An attorney will evaluate your claim during a free consultation.
However, there are deadlines for filing Valsartan lawsuits. If you file your case after the statute of limitations expires, your case could be dismissed. Prompt action is required to protect your legal rights.
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