Five Valsartan Cases Chosen for 2nd Bellwether Trial Round

Five Valsartan Cases Chosen for 2nd Bellwether Trial Round

Introduction

With over 1,200 Valsartan lawsuits filed by former users of the recalled blood pressure medication who were later diagnosed with cancer, a federal judge has announced plans for a second round of bellwether trials to aid in reaching a settlement agreement.

Valsartan contaminated with cancer-causing chemicals

The lawsuits allege that generic Valsartan, used to treat hypertension and heart conditions, was contaminated with cancer-causing chemicals such as N-nitrosodimethylamine (NDMA) and N-nitrosodiethylamine (NDEA).

Contaminants were introduced a decade ago

These contaminants were introduced nearly a decade ago after changes in the manufacturing process. The contamination led to widespread recalls in 2018, and plaintiffs claim it caused various cancers, including liver, colorectal, stomach, prostate, bladder, esophageal, and others.

Valsartan cancer lawsuits consolidated in the U.S. District Court of New Jersey

Since 2019, all Valsartan cancer lawsuits have been consolidated for coordinated pretrial proceedings in the U.S. District Court for the District of New Jersey. To evaluate how juries may respond to the evidence and testimony common across these cases, the court has already scheduled the first round of bellwether trials to begin in September 2025.

However, to prepare for the possibility that the initial trials do not yield enough clarity to drive a resolution, a second round of bellwether trials has been proposed. On December 16, the special master overseeing the litigation, a retired judge, announced five additional cases for this second wave. The selections were finalized on December 31 after revisions prompted by feedback from both plaintiffs and defendants.

The selected cases include:

1. A Louisiana woman who filed her lawsuit in July 2019. She had her kidney removed in February 2016 and continued using Valsartan until 2018, unaware of the contamination until its public announcement in 2019. She claims the drug caused her kidney cancer.

2. A Texas resident who developed colorectal cancer allegedly due to Valsartan. His lawsuit was filed in June 2020.

3. A South Carolina plaintiff who suffered from stomach cancer and filed their claim in June 2020.

4. A Louisiana woman representing her late husband, who passed away from esophageal cancer in May 2019. Her lawsuit, filed in August 2019, alleges her husband’s Valsartan use from November 2016 to October 2017 caused the cancer, which metastasized to his liver.

5. A Tennessee couple, where the husband used generic Valsartan from 2014 to 2017. He was later diagnosed with colon cancer, resulting in permanent injuries and significant pain and suffering.

Conference scheduled

The court has scheduled a status conference for January 10, 2025, where objections to the inclusion of these cases may be raised. The parties must submit their proposed agendas by January 9.

The bellwether trials are expected to provide insight into jury reactions and potentially pave the way for broader settlements. While the outcomes will not be binding on other cases, they could serve as benchmarks for resolving the remaining claims. If no resolution is reached following the bellwether trials, the judge may remand large numbers of cases to their original courts for individual trials.

The litigation has drawn significant attention due to the severity of the allegations and the widespread impact of the recalled drug. If settlements are not reached, the cases will likely continue to shape legal and regulatory landscapes for pharmaceutical companies.