2018 Taxotere Lawsuit News: In August 2018, Taxotere cases were granted multicounty litigation (MCL) status in New Jersey. Federal cases will begin the first bellwether trials in January 2019. If you have suffered permanent hair loss as a result of taking Taxotere, talk to an attorney about your legal rights.
Taxotere, also referred to as docetaxel, is a common chemotherapy drug that has been approved by the U.S. Federal Drug Administration (FDA) to treat a number of cancers, including breast cancer, non-small cell lung cancer, head and neck cancer and prostate cancer. Though it has been on the market for several decades now, it wasn’t until more recently that the drug’s manufacturer, Sanofi, began to face a mounting number of lawsuits from breast cancer patients and survivors because of false marketing and the severe side effects of the treatment. As of the most recent report, the company is facing 7,820 pending lawsuits.
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Why are People Filing Taxotere Lawsuits?
Like other types of chemotherapy and cancer treatments, Taxotere can cause a number of side effects. Upon its approval, the FDA noted the potential side effects, which are all rather typical of any chemotherapy drug.
Common Side Effects of Taxotere
- Low blood cell count
- Nausea or vomiting
- Hair loss
- Allergic reaction
- Fluid retention
- Muscle pain
Though patients were warned of these potential side effects, many breast cancer survivors have since taken action against Sanofi, sometimes referred to as Sanofi-Aventis, for downplaying how severe some of these side effects may be, especially after marketing the drug as being more effective than other types of chemotherapy.
Taxotere Hair Loss
Hair loss is an unfortunate, common side effect of chemotherapy, since many types of the drug kill fast-growing cells. Though hair loss is often expected for cancer patients undergoing this type of treatment, permanent hair loss or alopecia is not. For most patients, hair usually begins to grow back within 3 to 6 months after treatment is complete.
While breast cancer patients prescribed Taxotere were warned of the potential for hair loss, these lawsuits state that Sanofi did not adequately prepare patients for the high risk of permanent hair loss. Researchers have seen that even when cancer patients are prepared for the potential hair loss, it is still an overall traumatic experience. On average, studies have found that 6 – 9% of breast cancer patients experienced permanent alopecia, and thus experienced other negative setbacks in their personal lives.
Numerous studies have investigated the impact of chemotherapy-induced alopecia on cancer survivors’ quality of life. Research has shown that survivors face anxiety, poor body image and low self-esteem, and can have difficulty transitioning back into work or every day life. One study notes that a person’s hair is seen as an integral part of one’s identity.
A smaller study observed the quality of life of 20 breast cancer patients who had been treated with Taxotere and experienced permanent hair loss. Despite undergoing treatments to stimulate hair growth, oncologists and patients saw only very slight improvement in a handful of patients. As a result, 40% of the patients stated they had extremely poor quality of life, and 70% chose to wear a wig or scarf to hide their alopecia.
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Sanofi’s False Marketing and Negligence
Warnings about the potential for alopecia weren’t mentioned by the drug manufacturers until 2015, almost 20 years after the chemotherapy drug was first introduced on the market. But knowledge of the risk of alopecia had been discovered years earlier. In 1998, just a few years after Taxotere was introduced, Sanofi funded a research study called GEICAM 9805 that showed the potential for permanent baldness, though the manufacturer did nothing to warn patients or further test the drug.
GEICAM 9805 studied the efficacy of Taxotere against another chemotherapy drug, fluorouracil (Adrucil). Both drugs were applied in combination with two other chemo drugs, doxorubicin and cyclophosphamide. Though the clinical trial could be considered a success in proving the effectiveness of Taxotere in reducing tumor size and achieving remission, researchers noted it was much more toxic than the other treatment regime. By its completion, the study also revealed about 9.2% of women in the study faced hair loss because of the cancer treatment.
Despite the study, the drug maker continued to heavily market the drug and claim that it was safer and more effective than other types of chemotherapy, especially in the United States. Though warnings began to pop up following this and other studies in Europe and other countries, Sanofi neglected to make American oncologists or patients aware of the potential side effects. With such false marketing, use of Taxotere continued to expand in the U.S., sometimes also prescribed to patients with ovarian cancer and cervical cancer.
The manufacturer downplayed the side effects, with some cases even alleging that the drug maker offered bribes and training to employees to continue misrepresenting the drug’s safety and effectiveness. Many of the claimants further allege that the company didn’t properly test the drug in the first place.
How Do I Qualify for a Taxotere Lawsuit?
If you or a loved one were prescribed the drug Taxotere to treat breast cancer and experienced permanent hair loss as a result, you may be eligible to file a claim against Sanofi. Thousands of breast cancer patients and survivors have already taken action against the manufacturer for their false claims and negligence in properly warning of the disfiguring side effects. Talk to an experienced Taxotere lawyer about your legal rights to learn more about your eligibility and receive a free case review.
Taxotere Class Action Lawsuits and Multidistrict Litigation (MDL)
MDL No. 2740File a lawsuit
Taxotere hair loss lawsuits were consolidated under MDL No. 2740 IN RE: Taxotere (Docetaxel) Products Liability Litigation. The multidistrict litigation transferral was ordered in October 2016, with an initial 33 lawsuits from 25 districts consolidated under the MDL in the Eastern District of Louisiana. Just about a year later, the number of lawsuits had grown to over 2,000. At this time, Sanofi attempted to have at least some of the claims barred because of the statute of limitations, but Judge Kurt D. Engelhardt denied the motion.
So far, there have been no Taxotere settlements or verdicts from any of these cases. The bellwether trials for MDL 2740 are slated for 2019, with the first of the four scheduled for January. The trials will be overseen by Judge Kurt D. Engelhardt and help set a precedent for the other cases under the MDL consolidation.
Currently, there are no active class action lawsuits pending against Sanofi-Aventis. In 2016, three women filed a Taxotere class action lawsuit, but a judge ultimately denied the certification for the claim in 2017. The claim was denied because the judged noted a lot of elements in the women’s cases that were specific to the individual, like whether the brand name or generic name was used, or if other chemotherapy drugs were also prescribed and the dosage administered.
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