Beginning on February 14th, 2019, survivors seeking compensation through class action and product liability lawsuits involving Valsartan will now consolidate into a multi-district litigation, known as an MDL. The MDL will take place in the District of New Jersey before the Honorable Robert B. Kugler.
The MDL order will have significant implications on the lawsuits already filed by victims of the harmful Valsartan contaminant, impacting new cases as well as those currently in process. If you are suffering injuries from Valsartan-contaminated medication, here is what you need to know about the new Valsartan litigation.
What Is Valsartan?
Valsartan refers to an angiotensin-receptor blocker, also known as an ARB, that doctors have prescribed to their patients when they suffer from high blood pressure or congestive heart failure. The United States Food and Drug Administration (FDA) approved the use of Valsartan in 1997 to mitigate the effects of these common and life-threatening conditions – however, the side effects of Valsartan have proven to be more dangerous than the benefits could outweigh.
Since the FDA approved the drug in the United States, the same agency has recalled Valsartan numerous times due to the discovery of human carcinogens in the drugs that contain it. Human carcinogens cause cancer in the patients who take the drug. In particular, the FDA is concerned about the presence of possible human carcinogens known as NDMA and NDEA in many Valsartan products.
In addition to potential cancer development, Valsartan carries the risk of liver failure, kidney failure, a lower white blood cell count, and tissue swelling in the body. Many hypertension patients have developed cancer after taking Valsartan.
Valsartan also causes the following side effects in the patients who take it:
- Nausea and vomiting
- Head congestion
- Birth defects in pregnant women
While the FDA has recalled many of the drugs that contain the generic version of Valsartan, not all of the products are out of rotation at the doctor’s office. The FDA recalls Valsartan products based on the source of its manufacturer and whether the manufacturer could have exposed the drug to carcinogens and other contaminants.
What Does the Valsartan Lawsuit MDL Mean?
Because of the damage that Valsartan can cause to the patients who take it, many victims have filed personal injury and class action lawsuits to seek compensation for their injuries. With a successful case, Valsartan victims could claim compensation for their past and future medical expenses, pain and suffering, lost wages and loss of earning potential, funeral expenses in the case of death, and any other emotional or financial loss they or a loved one suffered as a result of the drug.
Because so many victims have come forward to claim compensation for their injuries, the United States federal courts decided to expedite the case using the MDL method. An MDL, or multi-district litigation, is a federal case management procedure in which the courts transfer many complex civil lawsuits that revolve around a single issue to one federal district court. The MDL court, based in New Jersey for Valsartan victims, will coordinate and oversee the proceedings, settlements, and dismissals for all of the cases.
The MDL is an appropriate solution for the Valsartan lawsuits because these cases involve many people coming forward with essentially the same damages and experiences. Instead of every Valsartan victim waiting for their individual case to reach settlement in their home district courts, they can undergo an expedited process through the MDL.
How Will the Valsartan MDL Work?
For the Valsartan lawsuits, all cases will be in the District of New Jersey. The MDL will include both personal injury cases involving Valsartan, as well as class actions. Approximately 40 cases are involved in the MDL at the time of the Judicial Panel on Multidistrict Litigation’s order, and many more may join in the future.
The MDL will include all personal injury and class action cases that involve all of the manufacturers of Valsartan that have undergone recalls from the FDA. These manufacturers include the following names:
- American Health Packaging
- Aurobindo Pharma USA, Inc.
- AvKARE, Inc.
- Bryant Ranch Prepack Inc.
- Mylan Pharmaceuticals, Inc.
- Hetero Labs, Inc. or Camber Pharmaceuticals, Inc.
- RemedyRepack, Inc.
- NuCare Pharmaceuticals, Inc.
- Teva Pharmaceuticals USA, Inc.
- Torrent Pharmaceuticals, Ltd.
The Judicial Panel on Multidistrict Litigation chose New Jersey for the headquarters of the MDL due to the fact that many defendants are based in New Jersey, as well as many documents and witnesses. However, lawyers will represent cases from all over the United States in this action. If you have suffered injuries from a Valsartan-contaminated drug, contact Rosenfeld Injury Lawyers today to discuss your legal options.
Legal Remedies for Victims of Valsartan Across the United States
If you suffered injuries due to taking Valsartan for high blood pressure or congestive heart failure, legal remedies may be available to you. You can claim compensatory damages for your losses in a Valsartan lawsuit through this new MDL. Even if you are just beginning your case, Rosenfeld Injury Lawyers can assist you with working towards the settlement you need to recover.
You can receive the following compensatory damages in a Valsartan lawsuit:
- Past and future medical expenses for your injuries related to Valsartan use, including surgeries, doctor’s appointments, medications, mobility equipment, physical therapy, and more
- Lost wages due to recovery time from Valsartan-related illnesses, as well as reduced earning capacity because of the long-term disabling effects of Valsartan-related illnesses
- Pain and suffering damages, such as emotional distress, reduced quality of life, permanent disability, chronic pain, and other forms of emotional and physical anguish
- Reasonable funeral and burial expenses if you lost a loved one due to Valsartan-related illnesses
- Loss of care, companionship, consortium, and community, among other losses, for the loved ones of those who died from Valsartan-related illnesses
To successfully prove a Valsartan lawsuit, you and your attorney will need to prove that you took Valsartan for a condition prescribed by your doctor, usually for hypertension or heart disease. You will have to prove that you suffered injuries and illnesses as a result of Valsartan’s carcinogenic properties and that your medication came from one of the manufacturers on the FDA list. If you meet these qualifications, speak to an attorney at Rosenfeld Injury Lawyers as soon as possible.
Our attorneys have represented clients across the country in their dangerous drug and medical malpractice lawsuits, with experience in MDL. Contact Rosenfeld Injury Lawyers today to receive your free case evaluation and learn more about your Valsartan lawsuit options.
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