Many people are confused about the Valsartan lawsuit because Valsartan is a prescribed medication for patients with high blood pressure. The medicine is mostly used for patients with high blood pressure, including angiotensin II receptor blockers known as Valsartan. The medicine has positive reviews for treating hypertension.
The Food and Drug Administration also approves the drug to treat high blood pressure, heart conditions, and hypertension. In the beginning, the drug was under the brand name Diovan. Recently, some drugs, including Valsartan, have been removed from the US market because of carcinogenic chemicals. A cancer-causing agent is found in these drugs, which results in thousands of people suffering from different types of cancer.
So, the Valsartan lawsuit seeks to recover damages for individuals and companies harmed by the contaminated drugs. On the other hand, the discovery of the contamination led to global recalls, including those of European health officials and the FDA. Valsartan was available under multiple names starting in 2018. After that, the usage of valsartan-containing drugs expanded, leading to a significant number of lawsuits. The affected individuals are encouraged to seek legal representation.
Before going into the details, let’s first know what Valsartan is.
What is Valsartan?
Valsartan is a medication used in combination with other drugs to treat high blood pressure. It is sold under different brands, like Prexxartan and Diovan. It contains a component that can cause blood vessels to tighten and increase risks such as heart failure, stroke, kidney failure, and blood pooling in the lungs.
If blood pressure decreases by using a drug like Valsartan, blood flows more freely to the heart, brain, and other organs. It also increases the oxygen supply to these organs and reduces the danger of their failure.
There are almost two dozen pharmaceutical companies that manufacture valsartan-containing ARBs. This led to the FDA fast-tracking a new generic version of the drug to mitigate shortages caused by these recalls.
Uses of Valsartan
It is mainly used to reduce high blood pressure by inhibiting angiotensin II binding to the ATI receptor, vasoconstriction, and aldosterone synthesis as well. These drugs facilitate easier blood flow and reduce the heart’s workload. The significant benefits of this medicine are;
- Lower high blood pressure
- Treat and reduce the risk of heart failure
- Improve heart rate
- Manage diabetic kidney disease
Side Effects of Valsartan
There are a number of reported side effects associated with this medicine. Many patients report serious health conditions related to prolonged use of the drug. Some of the side effects include fever, body aches, fatigue, dizziness, abdominal pain, headaches, diarrhea, and rash and joint pain. One of the most dangerous and serious side effects is kidney disease.
The drug has many serious side effects like difficulty breathing and swallowing of the face, tongue, throat, and eyes. Patients seek emergency medical treatment for adverse health conditions, including bloody urine, decreased frequency or amount of urine, and irregular heartbeat. The drug also causes unexplained weight gain and bone pain in some patients.
Why Are Valsartan Lawsuits Filed?
Valsartan lawsuits have been filed because of people taking these types of drugs associated with different types of cancer. The contamination in these drugs was first identified in 2018 when the FDA discovered that some batches of this drug had carcinogenic substances like N-nitroso diethylamine and N-nitroso dimethylamine.
These contaminated drugs were created in India and China by Zhejiang Huahai Pharmaceutical Co. Ltd and Hetero Labs. Most of these were made in the United States and have been produced since 2012. The FDA estimated that 1 in 8000 people who took the highest dose of these contaminated medications for four years have more chances of developing cancer because of these drugs.
Later on, these patients were diagnosed with several types of cancer. Patients filed lawsuits for compensation from the manufacturers for their medical bills and loss of quality of life.
History
The first lawsuit was filed after it became public knowledge. The number of lawsuits grew until February 2019 in the Court of New Jersey. In 2024, more than 1400 cases had been filed. The first trial was scheduled for 2022 and represented third-party payors seeking compensation for helping to distribute the tainted drugs.
The evidence during the trial helped consumers reach settlements with the manufacturers. The case has had several notable developments, which are the following. In March 2022, a retired judge was appointed to assist with settlement negotiations.
In December 2022, they rejected the manufacturer’s attempt to exclude expert testimony. Manufacturers tried to prevent scientific studies that connected the contaminated drug to cancer. In December 2023, three classes of plaintiffs were certified, including consumer economic loss, medical monitoring, and third-party payor.
In March 2024, a status conference was held. One thousand two hundred thirty-one lawsuits were pending, and no settlements were made.
The trial was postponed until March 20, 2023, and there needs to be clarity on when the trial will begin. Still, the court could grant summary judgment and say that certain manufacturers provided contaminated drugs.
Recent Developments
On March 21, 2024, several scientific studies found that the use of contaminated drugs increases the risk of cancer. Almost 1.4 million people are at high risk, and the control group consisted of the population that was taking Valsartan before the contamination date.
A study related to nitroso dimethylamine-contaminated Valsartan and the risk of cancer was found in the journal of the American Heart Association, which found that almost 1.4 million people have the risk of cancer.
On March 26, 2024, the key decision was issued that denied the request for a decision as a matter of law. Both defendants and plaintiffs asked the judge to rule on at least 16 issues based on the documents. The judge has already ruled that the defense’s statements were express warranties.
This lawsuit has two parts; the first is the class action lawsuit certified by the US District Court for New Jersey in December 2023. It allows different classes of plaintiffs to bring their cases efficiently. In these consumer economic loss classes, medical monitoring classes and third-party payor classes are included.
Moreover, there are personal injury claims that are separate from class action. No new trials have been scheduled in this lawsuit. The federal court filing system ‘PACER’ shows that a status conference occurred on March 27, 2024.
The trial assignment and the plaintiff’s request for the conference were delayed on May 5, 2024. The case was assigned to another judge. In a letter dated April 25, 2024, the plaintiffs requested an in-person conference with the new judge to address the status of litigation and the third-party payor that was scheduled for March 18, 2024.
Well, the lawsuits are still in process, while the results of the first lawsuit affect other lawsuits.
Read also: ZYN lawsuit
The Settlement Amount of Valsartan Payout
The payout depends on the type of cancer and the severity of the injury, as anticipated averages are expected between $100,000 and $400,000. These are categorized into three types: injury severity, drug usage and age, and cancer type. Any person who is diagnosed with cancer may be eligible to take legal action. So, it is important to act fast to ensure compliance with all statutes of limitations and legal deadlines.