Five Valsartan Lawsuits Selected for Second Round of Bellwether Trials

With more than 1,200 Valsartan lawsuits being pursued by former users of the recalled blood pressure drug diagnosed with cancer, a federal judge now indicates there will be a second round of bellwether trials to help the parties reach some kind of settlement agreement to resolve the litigation.

The claims have been brought throughout the federal court system, each alleging that high levels of N-nitrosodimethylamine (NDMA), N-nitrosodiethylamine (NDEA) and other cancer-causing chemicals contaminated generic versions of Valsartan after changes were made to the manufacturing process nearly 10 years ago.

In mid-2018, widespread Valsartan recalls were issued by a number of different manufacturers of the generic hypertension and heart drug, and former users now allege that that the chemical contaminants caused them to develop liver cancer, colorectal cancer, stomach cancer, prostate cancer, bladder cancer, esophageal cancer and various other malignancies.

Given common questions of fact and law raised in the litigation, all valsartan cancer lawsuits have been consolidated in the U.S. District Court for the District of New Jersey since 2019, where they are currently being overseen by U.S. District Judge Renee M. Bumb for coordinated discovery and pretrial proceedings.

To help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the claims, Judge Bumb has already ordered a first round of Valsartan bellwether trials, which are scheduled to begin in September 2025. 

However, in case those trials fail to provide sufficient information to drive a resolution for  the litigation, the special master presiding over the claims, retired Judge Thomas Vanaskie, recently indicated that the parties and Court have selected five more claims that will be eligible for a second round of bellwether trials, if needed.

On December 16, Judge Vananskie issued a Special Master Order (PDF) announcing the five selections. However, the list was revised after the court received letters from both Plaintiffs (PDF) and Defendants (PDF), resulting in a final list (PDF) released in an order issued on December 31.

Valsartan Lawsuit Selections for Second Bellwether Round

The selected lawsuits include a kidney cancer lawsuit filed by Lana Dufrene (PDF), of Louisiana, who filed her complaint in July 2019. Doctors removed her kidney in February 2016, and she continued using the drug until 2018, unaware of the toxic contamination of the pills until it was announced publicly in 2019.

Another case on the list was filed by Robert Garcia, of Texas, who indicates he developed colorectal cancer because of his use of valsartan. His complaint (PDF) was filed in June 2020.

The third claim selected for the second bellwether pool was filed by Evon Smalls (PDF) from South Carolina in June 2020, who suffered from stomach cancer, allegedly due to Valsartan use.

The fourth selected lawsuit was filed by Sandra Meeks (PDF) of Louisiana, on behalf of her late husband, Ronald Meeks, in August 2019. Among the usual claims, his widow also has filed a wrongful death claim, indicating Valsartan use from November 2016 to October 2017 led to a fatal case of esophageal cancer that metastasized and spread to the liver, resulting in his death in May 2019.

The fifth case selected for the second bellwether wave was filed by James and Cynthia Suits, of Tennessee. Their complaint (PDF) indicates James Suits took generic Valsartan from 2014 through 2017, resulting in the development of colon cancer, resulting in permanent injuries, pain and suffering.

Judge Vanaskie notes that the parties may object to the inclusion of any of those cases at a status conference scheduled for January 10, 2025. Proposed agendas are due from the parties by January 9.

While the outcome of these bellwether trials will not have any binding impact on other remaining claims, they will be closely watched and could help the parties reach valsartan cancer settlements in other claims.

If the parties are unable to resolve the litigation following any bellwether trials held in the MDL, it is expected that Judge Bumb may begin remanding large numbers of claims for individual trial dates throughout the federal court system.