Taxotere Lawsuit Update
The latest Taxotere lawsuit news and updates.
Taxotere Lawsuit Update: NJ Supreme Court Grants Multicounty Litigation For Taxotere Lawsuits
August 23, 2018
The New Jersey Supreme Court has granted a request to consolidate state-court lawsuits involving the chemotherapy drug Taxotere, paving the way for centralized proceedings in approximately 350 active claims within the state. The lawsuits allege that the makers of Taxotere failed to adequately warn patients of the risk of permanent hair loss that could result from their taking the medication.
According to Law360, which reported the decision on August 21, 2018, the New Jersey Supreme Court approved consolidation of the claims as multicounty legislation sometime during July, but the decision was not made public until a notice was released August 15.
The centralization petition, which was filed by attorneys representing patients who took Taxotere, sought consolidation of the cases involving out-of-state plaintiffs from Connecticut, Maryland, Ohio, and Pennsylvania. The petition urged that in-state New Jersey plaintiffs should retain the option of bringing suit in their home counties.
Arguing for centralization, attorneys for plaintiffs cited the high number of total lawsuits and the similarity of the issues involved. They also argued that consolidation of the New Jersey state-court claims would allow for better coordination with federal Taxotere proceedings being conducted at a district court in Louisiana.
“[A]ll of the actions proposed for designation allege substantially similar violations of law and are based upon the same or substantially similar underlying claims surrounding the safety profile of Taxotere,” the patients’ petition for multicounty designation read, according to Law360.
Attorney Rayna E. Kessler, who represents several women presently suing drug makers over Taxotere, expressed satisfaction with the decision to approve consolidation as multicounty litigation, as well as with the judge who will oversee the centralized proceedings.
“We are particularly looking forward to having these cases heard in New Jersey, where many women throughout the state suffered as a result of using Taxotere,” Kessler told Law360.
The lawsuits have been consolidated in Middlesex County, which already was the venue for over 330 Taxotere cases. The proceedings will be conducted by Judge James F. Hyland.
Defendants in the Taxotere lawsuits include Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC, Sandoz Inc., and Actavis LLC. Teva Pharmaceuticals USA Inc., which acquired Actavis, also has been drawn into the litigation.
Plaintiffs accuse the defendant drug makers of wrongful conduct with regards to the design, manufacture, distribution, labeling, advertising, marketing, promotion, and sale of Taxotere.
If you or a loved one has suffered harm as a result of taking a prescription drug such as Taxotere, contact the experienced team of attorneys at TheLawFirm.com today for a free legal consultation with an actual lawyer! The law places strict time limits on your ability to file a claim, so don’t delay, contact TheLawFirm.com today!
Source: Law 360
Taxotere Lawsuit Update: Sanofi ordered to trun over hundreds of docs in Taxotere case
May 25, 2018
In a blow to drug-maker Sanofi in litigation over its cancer drug Taxotere, on May 22, a federal judge in Pennsylvania ordered the company to hand over hundreds of documents related to False Claims Act (FCA) litigation over Sanofi’s alleged marketing of Taxotere for off-label uses. Sanofi had sought to conceal the documents under the guise of attorney-client privilege, but the court found, based largely on whistleblower testimony, that the privilege did not apply.
Former-employee-turned-whistleblower Yoash Gohil, who has been pursuing the case in various forms since 2002, alleges that Sanofi—under its old name Aventis Pharmaceuticals—paid kickbacks to doctors who engaged with the company in a scheme to prescribe Sanofi to patients for uses that had not been approved by the US Food and Drug Administration (FDA). When the company then sought reimbursement from Medicare and Medicaid for these drugs, Gohil argues, it was in violation of the FCA.
Sanofi now will be forced to reveal a trove of documents related to one of its Taxotere marketing programs, including information related to reimbursements and any efforts to destroy or otherwise conceal damaging evidence.
Whistleblower Gohil had asserted to the court that Sanofi was using the guise of attorney-client privilege to withhold relevant information, arguing that many of the documents were email correspondence that had merely been forwarded to an attorney, hardly grounds for asserting the privilege.
The documents unearthed by the new court orders may impact not only the instant case but also consolidated suits presently making their way through the Louisiana court system. Stay tuned to the TheLawFirm.com for the latest Taxotere litigation information.
Source: Law 360
Taxotere Lawsuit Update: Over 1000 Taxotere MDL's Filed
May 19, 2018
There are now over 1000 lawsuits filed in the Taxotere MDL. About half of these cases involve generic and quasi-generic manufacturers. The attorneys at TheLawFirm.com have written before about the challenges that generic drugs can pose. We have now learned that the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) has allowed claims involving generic docetaxel to be included in the Taxotere MDL.
Judge Sarah S. Vance, Chair of the JPMDL, stated in a letter that the consolidated litigation does include lawsuits against both name-brand and generic forms of the drug. Taxotere, manufactured by Sanofi, lost its patent protection in late 2010. The plaintiffs charge that they experienced permanent hair loss following treatment with Taxotere. While Taxotere was first approved to treat breast cancer in 1996, it wasn’t until December 2015 that mention of permanent alopecia (hair loss) was included on the drug’s U.S. label.
While hair loss is a common side effect of chemotherapy, the plaintiffs allege that Taxotere is more likely to result in the permanent loss of hair compared to other equally effective drugs. They also claim that Sanofi-Aventis has long provided information about the potential for permanent alopecia to cancer patients in Canada and Europe. However, Taxotere’s U.S. label only included a warning that “hair generally grows back.” The plaintiffs allege that this warning is vague and insufficient.
The Taxotere lawyers at TheLawFirm.com are hopeful that the defense will focus less on preparing for trial and more on resolving the cases. If you took Taxotere and suffered permanent hair loss as a result, contact us for a free consultation.
Legal Disclaimer: The information in this article is not intended to be used as medical information or diagnosis. The sources of the information presented in the article have been researched and are linked within the article. Please seek out medical advice from a licensed medical professional if you are experiencing a problem with any of the drugs or devices mentioned in this article.
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