Valsartan, also known as Diovan, is a pharmaceutical that some doctors used to prescribe to treat high blood pressure and congestive heart failure, among other conditions. It was widely prescribed because although it was slightly less effective than its precursors, it was thought to be safer. All of that has changed in recent years, however.
Large batches of Valsartan have been found to be contaminated with dangerous carcinogens. Since Valsartan is suspected of having caused many cases of various forms of cancer, the FDA recalled it.
Its use has generated many individual product liability claims, as well as multidistrict litigation (MDL), by people claiming to have developed cancer from taking it. You might have a Valsartan claim without even realizing it.
The History of Valsartan
Valsartan entered the US drug market in 1996. This is long enough ago for patent protection to expire and for generic versions to appear.
Subsequently, companies in China and India grabbed a significant share of the wholesale market for Valsartan. In 2018, a Chinese manufacturer notified its US and European suppliers that it had discovered that some of its Valsartan was contaminated with NMDA, a known carcinogen and a component of certain types of rocket fuel. The US Food and Drug Administration (FDA) subsequently issued a voluntary recall.
Since then, over 1,000 Valsartan lawsuits have been filed, including a class action lawsuit in a federal court in New Jersey. Many more claims have yet to make it to court. Minnesota product liability claims can be based on strict liability, negligence, breach of warranty, and other legal foundations.
Overview of Strict Product Liability Law
Typically, strict product liability is the most effective legal theory used to support defective drug lawsuits, although other legal theories are possible. Under Minnesota law, you can file a product liability claim against anyone in the product’s chain of distribution, from the manufacturer to retailers.
To win a strict product liability lawsuit, you must prove the following facts:
- The defendant’s product was defective and unreasonably dangerous. Three types of defects are possible: design defects, manufacturing defects, and warning defects.
- The defect already existed when the product left the defendant’s control.
- The defect was the proximate cause of the injury or death that is the subject of the lawsuit.
You must prove each of these three facts by a “preponderance of the evidence,” which is a much easier standard of proof than the “beyond a reasonable doubt” standard that applies in criminal law.
What Damages Can You Recover in a Valsartan Lawsuit?
Personal injury damages in defective drug cases can be immense because of the extensive and cumulative damage that a defective drug can do to the human body.
You can recover compensation for your economic damages, such as medical expenses, out-of-pocket costs, and lost income. You can also pursue a financial recovery for non-economic damages, like pain and suffering and reduced quality of life.
Damages Available in a Wrongful Death Case
Valsartan causes cancer, and cancer kills. However, a Valsartan claim does not die when the victim dies. Instead, Minnesota’s wrongful death law kicks in. Once the victim dies, the victim’s surviving spouse or next of kin can appoint a trustee to file a wrongful death lawsuit on behalf of the survivors and the victim’s probate estate.
Since death is involved, compensation awards are typically large.
Damages may include:
- Funeral and burial expenses
- Medical expenses that arose prior to the deceased victim’s death
- Loss of financial support that the deceased victim would otherwise have provided to their family
- Loss of the deceased victim’s services, care, protection, assistance, advice, comfort, companionship, and guidance
A court will distribute these damages in an equitable manner. Some of it will go to the victim’s estate if, for example, the estate paid for funeral and burial expenses.
Schedule a Free Initial Consultation With an Experienced Minneapolis Product Liability Lawyer
Product liability lawsuits, especially those involving defective drugs, are technically complex. It is almost impossible to successfully represent yourself in such a lawsuit. You need to seek the assistance of an experienced personal injury lawyer who can guide you through the product liability claim process.
You might worry that you cannot afford a lawyer, especially if you are sick. Fortunately, product liability lawyers typically charge no legal fees until and unless you win your claim. As a consequence, you have very little to lose by seeking a free initial consultation with an experienced Minneapolis product liability attorney.
Contact the Minnesota Product Liability Law Firm of Hall Law Personal Injury Attorneys For Help Today
For more information, please contact an experienced product liability lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
