First Valsartan Bellwether Trial to Focus on Cancer Lawsuits

First Valsartan Bellwether Trial to Focus on Cancer Lawsuits

Introduction

The U.S. District Judge overseeing all federal Valsartan lawsuits has delayed the initial bellwether trial that was scheduled to commence this month, announcing the postponement following a recent status conference.

This conference reviewed potential cases for the first jury trial, which now is expected to center on a plaintiff who developed cancer after exposure to Valsartan, a blood pressure medication subject to extensive recalls and litigation.

_{Understanding the Valsartan Recall and Its Impact}

Valsartan, the generic version of Diovan, was pulled from the market in late 2018 after contaminations of N-nitrosodimethylamine (NDMA), N-nitrosodiethylamine (NDEA), and other carcinogenic impurities were detected in some generic versions due to manufacturing changes. As a result, thousands of lawsuits have emerged in U.S. courts, ranging from class actions by third-party payers to personal injury claims from patients who allege they were diagnosed with cancers of the stomach, liver, esophagus, prostate, pancreas, and other organs due to contaminated Valsartan.

MDL Consolidation for Valsartan Cases: A Shift in Litigation Strategy

Since 2019, all federal Valsartan lawsuits have been consolidated under multidistrict litigation (MDL) in the U.S. District Court for the District of New Jersey to streamline discovery and pretrial activities. Initially, the litigation was overseen by a different judge who had planned for a third-party payor claim to be the first bellwether trial. However, following that judge's retirement, the MDL was reassigned, and the first bellwether trial was rescheduled for October 28. Yet, on October 10, the new presiding judge issued an order delaying that third-party claim and signaled a shift in focus, moving forward with selecting a Valsartan cancer lawsuit for the initial trial.

Reassignment and Rescheduling of the First Bellwether Trial

To refine this new direction, a Special Master Scheduling Order was issued last week, setting an October 22 case management conference to determine which specific personal injury case will be the first bellwether trial. The conference will address the criteria for selecting bellwether cases, trial order, the number of bellwether trials, and the remaining pretrial preparations, including any outstanding discovery.

Proposed Agendas

Both plaintiffs and defendants have submitted proposed agendas for the upcoming conference. Plaintiffs argue that the first trials should focus on Valsartan cancer cases involving liver and colorectal cancers, as these are the most frequently cited injuries in current lawsuits. They emphasize the lengthy five-year duration of the MDL and the health urgency for many plaintiffs, some of whom are terminally ill or deceased. Their filing further advocates for multi-plaintiff trials to allow juries to evaluate multiple cases in one proceeding, which could accelerate the litigation process for affected patients and their families.

Differing Approaches: Plaintiff vs. Defendant Agendas

Conversely, the defendants call for individual trials and propose selecting six bellwether cases from an existing pool of 28 lawsuits that were designated for discovery several years ago. They oppose multi-plaintiff trials, expressing concerns about trial complexity and the need for case-specific focus in this high-stakes litigation.

Although these initial trials will not set binding precedents for the other Valsartan cases, they will serve as critical indicators for all parties involved. The outcomes could facilitate settlements in other cases, potentially leading to global settlement agreements, or, if the parties fail to negotiate, they could prompt the judge to begin remanding large groups of cases for individual jury trials nationwide. These early bellwether outcomes are expected to shape the MDL’s future trajectory and impact litigation strategy on both sides.

Valsartan is just one of the drugs facing mass torts litigations in court, but there are more, and you can stay updated about them through our newsletter. You can also avail of our medical and legal services for your law firm. 

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