Sanofi Chemo Hair Loss Suit Tossed By 5th Circuit

Sanofi Chemo Hair Loss Suit Tossed By 5th Circuit

Introduction

A breast cancer survivor's lawsuit alleging Sanofi's chemotherapy drug Taxotere of permanent hair loss has been tossed by the Fifth Circuit upholding a lower court's ruling that claimed the plaintiff delayed in filing the litigation.

The panel of three judges who are overlooking the case stated that there is just a one-year limit to make claims in such cases, whereas the plaintiff waited for more than four years to sue the company. The rejection came considering the plaintiff's contention under the doctrine of contra non valentem that stops the deadline clock under certain circumstances.

The panel of the judges said that back when the plaintiff finished her chemotherapy in 2012, she did not consider Taxotere for permanent hair loss unlike other women with the same allegations. The panel even stated in a published ruling earlier that women should have soon addressed the hair loss issue after the chemotherapy within a reasonable time as per the court's guidelines.

In 2006, some women even opposed the drug virtually through social media, blaming the drug for hair loss. Canadian newspapers and U.S. broadcast news also published articles in 2010 with topics explaining if Taxotere causes hair loss.

As per the court documents, the plaintiff argued that her case is different, as the doctors ensured that her hair would grow back. The panel rejected her argument due to the lack of evidence.

The lawsuit is a part of multidistrict litigation that alleges Sanofi of failing to warn about the permanent hair loss caused due to Taxotere.

Taxotere (docetaxel) is a cytotoxic intravenous chemotherapy drug used to treat various cancers like breast, lung, prostate, stomach, etc.

Taxotere belongs to a class of chemotherapy drugs called plant alkaloids also known as antimicrotubule agents. Antimicrotubule agents inhibit the microtubule structures within the cell required for cell division and self-replication; inhibition of these structures ultimately results in cell death. Taxotere is approved in the treatment of breast cancer, non-small cell lung cancer, advanced stomach cancer, head and neck cancer, and metastatic prostate cancer.  but doctors prescribe this drug mainly to treat breast cancer cases in the U.S making it the most prescribed drug in its class.

Taxotere has disfiguring side effects that include permanent hair loss, also known as Alopecia, which severely impacts the quality of life, which could lead to depression and distress. Other side effects include cutaneous reactions, neurologic reactions, eye disorders. The company Sanofi was aware by the year 2005 about the results of a trial GEICAM 9805 which was sponsored by Sanofi in the late 1990s that 9.2% of women who used the drug Taxotere suffered permanent alopecia. In spite of that Sanofi misled the public by falsely reassuring them that hair would grow back after chemotherapy.

Thousands of women are bringing product liability lawsuits against Sanofi-Aventis, alleging permanent hair loss. These plaintiffs are claiming that Sanfoi-Adventis knew about the effectiveness of Taxotere and the fact that the drug may cause permanent hair loss, yet did not provide any warning.

Taxotere was first approved in 1996 by the U.S. Food and Drug Administration. The label of the drug mentioned possible hair loss as a side effect, but it was finally confirmed in 2015 that the drug causes permanent hair loss.

33 lawsuits from 25 districts were consolidated under the MDL in 2016, which increased to 12,000 lawsuits as of January 2019. All the Taxotere lawsuits are consolidated before Judge Kurt D. Engelhardt under MDL No. 2740 IN RE: Taxotere (Docetaxel) Products Liability Litigation in U.S. District Court for the Eastern District of Louisiana.