Can I File a Valsartan Lawsuit?

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:

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
  • Leukemia
  • 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.

What Is Considered a “Reasonable Person” When It Comes to Negligence?

What Is Considered a “Reasonable Person” When It Comes to Negligence?

In a personal injury claim, the standard of care that defines negligence is often measured against what a “reasonable person” would do in a similar situation. Interestingly enough, this hypothetical “reasonable person” might decide your case even though they don’t actually exist. However, determining the particular characteristics of a “reasonable person” can be a complex task, as they vary from case to case. 

The Four Legal Elements of a Negligence Claim

Every personal injury claim includes certain “elements,” which are facts that you must prove to win. The most common type of personal injury claim, negligence, typically includes four elements: duty, breach, damages, and causation. Below is an explanation of each, with special attention to how the “reasonable person” figures in. 

Duty of Care

Every adult of normal intelligence owes a duty of care to everyone else. This ordinary duty of care includes the duty to drive safely and to generally refrain from subjecting others to unreasonable risks of harm. The question here is, “What should a reasonable person do in this situation?” Would a reasonable person, for example, drive the speed limit on sheet ice during a blizzard? Probably not.

Breach of Duty

Breach of duty means failure to do your duty, either by doing something you shouldn’t do or by failing to do something you should do. Failing to turn on your windshield wipers while driving during a rainstorm is an example. You breach your duty of care when your behavior fails to meet the standard set by a “reasonable person” as defined by the applicable standard of care.

Damages

“Damages” means losses, both tangible and intangible. They include economic damages, such as medical expenses and lost earnings, as well as non-economic damages, such as pain and suffering. In some cases, they include punitive damages. Economic damages are relatively easy to prove, while proving non-economic damages can immerse you into a dispute about how much your subjective suffering is worth.

The “reasonable person” figures in here when the defendant accuses the plaintiff of failing to mitigate their damages. An example of this would be if you failed to follow your doctor’s instructions, thereby causing your medical condition to deteriorate and doubling your medical expenses. Why should the defendant pay for damages that you could have avoided with the exercise of reasonable care? 

Causation

The element of causation is what links the defendant’s breach of their duty of care (in other words, their negligence) with your injury. Without causation, you have no claim. Even if the defendant collided with you while drunk, for example, they would still defeat your claim if they could show that the accident would have occurred if they had been sober. Two types of causation matter: cause in fact and proximate cause.

Cause in Fact

Cause in fact is the logical type of causation. Cause in fact exists if you can prove that, but for the defendant’s negligence, your injury would not have occurred. Cause in fact is necessary, but not sufficient to give you victory. You also need to establish proximate cause.

Proximate Cause

Proximate cause is the subjective type of cause, and it is here that the “reasonable person” again becomes relevant. Even if cause in fact exists, the defendant is not liable if a “reasonable person” would not have foreseen the result. Even a reasonable person cannot foresee everything. 

Special Case: Negligence Per Se

In negligence per se (a shortcut to proving negligence), an enforceable safety standard such as a traffic law, for example, or a regulation on the construction or maintenance of swimming pools, serve as the standard of care. In this case, you don’t need to ask, “What should a reasonable person do in this situation?” A reasonable person would comply with the law.

Speak With a Reputable Personal Injury Lawyer

If you have been injured due to the negligence of another party, it is important to seek legal counsel as soon as possible. An experienced personal injury lawyer can guide you through the process of filing a claim.

Whom Can I Sue if an Uber Driver Hits Me

Whom Can I Sue if an Uber Driver Hits Me?

Getting into an accident with an Uber driver is rarely an easy experience. You could end up with significant medical bills, lost wages, and other types of financial losses on top of your pain and suffering. And with this type of accident, you might not be sure what your options are for compensation.

The good news is that you’ll generally have a party to file a lawsuit (or insurance claim) against after a collision with an Uber vehicle in California and Nevada. Whom exactly you will sue will come down to the facts and circumstances of the situation. The sections below will fill you in on the details.

Considerations Under California and Nevada Law

It’s helpful to note at the onset that California and Nevada are both considered “at fault” states when it comes to car insurance. Some states follow “no-fault” rules instead; in those states, you cannot file a lawsuit against the at-fault driver unless the accident is especially serious, as defined by state law. In at-fault states like Nevada and California, you can file a lawsuit against the at-fault party after a car accident. 

That said, another important consideration is that, as of now, Uber drivers are considered independent contractors in both states. This means in the vast majority of cases, you won’t be able to file a lawsuit against Uber directly in order to obtain compensation. 

However, you might be able to file a claim against Uber’s insurance policy, your own car insurance policy, or the driver’s personal insurance policy. You might also be able to file a lawsuit against the driver directly. The best course of action is highly case and fact-specific.

Uber’s Insurance Policies

Uber has three different policies in place, which vary depending on what the Uber driver’s status was at the time of the crash. 

The Driver Is Offline

If the driver is not online at the time of the accident – meaning their driver app is off, and they are not working – then the driver’s own insurance policy will apply to the case. In these circumstances, you may file a claim against that policy (or your own policy, or both), or you may file a lawsuit against the driver. Your best course of action will come down to the terms of the policy in question, your own car insurance policy, and whether the Uber driver will be able to compensate you for the accident.

The Driver Is Available and Online

If the driver is logged into the Uber app and is available to pick up a passenger but has yet to do so, Uber provides limited coverage in the form of:

  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

Note that this coverage will only apply if the driver’s own coverage does not. In this circumstance, you may be able to file a claim against this limited policy or the at-fault driver’s policy. You may also sue the at-fault driver if this coverage is not enough to cover all of your damages. 

The Driver Is En Route To Pick Up a Passenger or During a Trip

If the Uber driver has already picked up the passenger or has accepted the ride request and is en route, Uber’s maximum insurance policy will apply:

  • $1,000,000 in third-party liability
  • Uninsured/underinsured coverage and/or first-party coverage
  • Comprehensive and collision coverage, up to actual cash value with a $2,500 deductible

In this sort of situation, it is likely your best course of action to file a claim against that lucrative insurance policy. But again, it is impossible to make that assessment without knowing the facts of the case.

Schedule a Consultation With a Personal Injury Lawyer To Discuss Your Case

If you’ve been involved in a car accident with an Uber driver, you likely have options for compensation. In at-fault states like California and Nevada, you won’t be limited to your own car insurance policy. 

In general, your options will come down to the driver’s status at the time of the crash in conjunction with the terms of your and the driver’s personal insurance policies. A personal injury lawyer can help you assess your options and from there, determine the course of action that sets you up best for a favorable outcome. 

Most personal injury attorneys offer free consultations, so it won’t hurt to contact one for legal advice.