Valsartan Recall Lawsuit Set for Trial

Valsartan Recall Lawsuit Set for Trial

Introduction

Years after the initiation of Valsartan recalls, the U.S. District Judge overseeing lawsuits filed by individuals harmed by tainted versions of the blood pressure drug has been approved the first case to proceed to trial.

Over 1,200 valsartan recall lawsuits have been lodged against manufacturers and distributors, alleging that alterations to the generic drug manufacturing process resulted in the distribution of pills containing elevated levels of harmful chemicals like N-nitrosodimethylamine (NDMA) and N-nitrosodiethylamine (NDEA), known to elevate the risk of various cancers and other injuries.

Centralizing the litigation before a U.S. District Judge in the District of New Jersey since 2019, the parties have been preparing for early "bellwether" trials to assess how juries might respond to consistent evidence and testimony across numerous claims. However, given the prolonged latency period for certain cancers associated with NDMA in valsartan, new lawsuits continue to emerge.

Originally slated to commence on March 18, the first valsartan trial was postponed by a text order entered on the docket on March 8, without a subsequent explanation or new trial date being established. Subsequently, on March 26, the Judge denied the manufacturers' motion for summary judgment in the trial case, permitting claims for breach of express warranty, consumer protection laws, and fraud to proceed. Additionally, the Judge declined to preclude plaintiffs from seeking punitive damages against the manufacturers and distributors, potentially resulting in significantly higher damages to hold the manufacturers accountable for disregarding consumer health and safety.

Should the parties fail to make headway toward resolving the litigation or implementing a Valsartan recall settlements program, it is anticipated that the Judge will proceed with a series of "bellwether" trials. Following this, he may consider remanding numerous claims back to U.S. District Courts across the nation for separate trial dates in the future.