Can I File a Valsartan Lawsuit?
Many people who have taken the blood pressure medication Valsartan may wonder if they can file a Valsartan lawsuit. If you have taken Valsartan and been diagnosed with cancer, you may have a legal claim for damages. The best way to know whether you should file a Valsartan lawsuit is to seek advice from an experienced personal injury lawyer.
What Are Valsartan Lawsuits?
Valsartan is used to treat high blood pressure and congestive heart failure. Valsartan lawsuits are claims filed by consumers who took the blood pressure medication and subsequently developed cancer. The lawsuits seek damages, including, but not limited to, compensation for:
- Medical bills and expenses
- Lost wages and benefits
- Physical injuries
- Pain and Suffering
- Permanent impairments and disabilities
- Wrongful death
The lawsuits allege that from 2012 to 2018, many batches of Valsartan were contaminated with NDMA. NDMA or N-nitrosodimethylamine is classified as a probable human carcinogen. The U.S. Food and Drug Administration (FDA) announced a recall of Valsartan tablets on July 13, 2018, because they could contain NDMA.
It was believed the dangerous impurity was introduced to the finished products during the manufacturing process. The FDA continues to investigate Valsartan and other drugs that may be contaminated with NDMA.
Because of the large number of Valsartan lawsuits filed against various drug manufacturers, the courts consolidated these cases into a multi-district litigation or mass torts action based in New Jersey. It is not a class-action lawsuit. Instead, each person files an individual lawsuit against the drug manufacturer and other parties responsible for their injuries and damages.
What Types of Cancer or Diseases Are Associated with Contaminated Valsartan?
Numerous studies and sources link NDMA to cancer in humans, including the World Health Organization and the U.S. National Library of Medicine. A Danish study from 2018 revealed that exposure to NDMA can cause cancer of the colon, liver, pancreas, stomach, and rectum.
Valsartan contaminated with NDMA is related to several diseases. NDMA has been shown to cause the following conditions in animals:
- Liver cancer
- Colorectal cancer
- Multiple Myeloma
- Prostate cancer
- Gastric cancer
- Pancreatic cancer
- Esophageal cancer
- Non-Hodgkin’s Lymphoma
People who receive too much NDMA may also exhibit several symptoms. Signs of overexposure to NDMA could include headaches, fever, dizziness, vomiting, jaundice, and impairment of the lungs, kidneys, or liver. Valsartan containing NDMA can cause severe side effects, cancer, and other conditions. Seeing a doctor as soon as you notice any symptoms or signs of a disease is essential to protect your health.
What Are the Legal Grounds for a Valsartan Lawsuit?
The legal grounds for a Valsartan lawsuit depend on the specific circumstances of your case. However, most lawsuits are based on allegations of a manufacturing defect or improper labeling of medication.
Manufacturing defects occur when a product becomes unsafe because of negligence and mistakes during the manufacturing process. The product as designed is safe to use. However, the product becomes dangerous to use because of errors during the manufacturing process.
Valsartan is safe to use when it is compounded (manufactured) correctly. However, numerous batches of Valsartan were contaminated with NDMA during the manufacturing process. As a result, the tablets in those batches contain cancer-causing agents.
Furthermore, the labels on the contaminated batches of Valsartan do not contain warnings that the medication could contain carcinogens. Had the labels included a warning that there was a risk the medication could contain NDMA or other carcinogens, patients would have likely chosen not to take the medication.
Both legal causes of action are straightforward claims to prove in court. Under product liability laws, manufacturers are strictly liable for failing to include adequate warnings and manufacturing defects.
Strict liability means you do not need to prove that the manufacturer intended to cause anyone harm. Instead, you only need to prove that the manufacturer’s conduct resulted in harm and damages.
How Do I Choose a Valsartan Lawyer to Handle My Case?
Search for an attorney who has experience handling Valsartan cases. Attorneys who represent clients in mass tort cases against large pharmaceutical companies have the resources and skills necessary to handle a Valsartan lawsuit.
Also, should avoid personal injury lawyers who ask for payment upfront. Most reputable personal injury lawyers accept mass tort cases on a contingency fee basis. A contingency fee is based on a percentage of the money the attorney recovers for your case. You do not owe any attorneys’ fees unless the attorney recovers money for your claim.
Attorneys with experience going up against big pharma understand what is necessary to pursue Valsartan claims. They also know what it takes to win these types of personal injury cases.