Weekly Mass Torts Bulletin 2024-January-14
Five Valsartan Cases Chosen for 2nd Bellwether Trial Round
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:
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.
A Texas resident who developed colorectal cancer allegedly due to Valsartan. His lawsuit was filed in June 2020.
A South Carolina plaintiff who suffered from stomach cancer and filed their claim in June 2020.
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.
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.
Flavored E-Cigarette Bans Cut Vaping But Boost Smoking: Study
New research highlights a complex impact of flavored e-cigarette restrictions on young adults aged 18 to 29.
While such restrictions can reduce daily e-cigarette use by up to 3.6 percentage points, they simultaneously result in a 2.2 percentage point increase in daily traditional cigarette smoking.
Data from 2014 to 2022
E-cigarettes with flavors like fruit and candy have been shown to contribute significantly to youth vaping rates. Studies indicate that teens who vape are more likely to transition to smoking traditional tobacco cigarettes later. However, data from 2014 to 2022 reveals a mixed trend: e-cigarette use among young adults rose from 5.4% to 13.6%, while traditional cigarette use declined from 17.9% to 6.5%.
Report by Yale University researchers
A report published on December 27 by Yale University researchers analyzed data from the Behavioral Risk Factor Surveillance System (BRFSS). This study examined 242,154 young adults and found that state-level flavored e-cigarette restrictions decreased vaping by 3.6 percentage points but increased traditional cigarette smoking by 2.2 percentage points. According to the researchers, these shifts represent a 76% to 80% reduction in daily vaping and a 22% to 30% increase in daily smoking, relative to young adult behaviors in 2018.
E-cigarettes does the same damage as traditional smoking
E-cigarettes were initially promoted as a tool to help adult smokers quit but have since raised significant health concerns for teenagers and young adults. A recent study revealed that over half of U.S. teens vape to manage stress, and other research has linked vaping to major depression among youth. Additionally, studies suggest that e-cigarettes can cause the same DNA damage as traditional smoking, increasing cancer risks.
CDC reports drop in vaping rates
Despite these concerns, teen vaping rates have shown improvement. The U.S. Centers for Disease Control and Prevention (CDC) reported in September 2024 that teen vaping rates had dropped to their lowest levels in a decade.
Public health agencies like the CDC and the U.S. Food and Drug Administration (FDA) continue to advocate for stronger regulatory measures to address e-cigarette use and sustain this downward trend. The findings underscore the challenge of balancing vaping restrictions with unintended consequences, such as increased traditional cigarette use, emphasizing the need for thoughtful regulation.