What Are The Available Damages In A Taxotere Lawsuit?

What Are The Available Damages In A Taxotere Lawsuit?

Oct 23

Taxotere is a chemotherapy drug manufactured by French pharmaceutical company Sanofi Aventis. It was approved by the US Food and Drug Administration in 1992. Although mostly used for treating breast cancer patients, the drug can also be used for neck, head, or prostate cancer. However, it is not recommended for pregnant women since it may harm the fetus. Recently, however, Saanofi has been the subject of several lawsuits for its non-disclosure of a severe side effect – permanent alopecia.

While hair loss is commonly one of the side effects of chemotherapy, this is only temporary and the hair may grow back. The website of Williams Kherkher revealed that most of the women who used taxotere have reported no hair growth even up to a period of ten years. Worst is that the loss can affect even the eyelashes, eyebrows, scalp and body. Most of the patients consider this is a disfigurement that can have an impact on the quality of their lives.
The sad fact is that it was only in December 2015 that the FDA issued a warning about the risks of permanent alopecia on the users of taxotere. By this time, most of the patients have already suffered much from the negligence of its manufacturer. The good news is that patients can make the responsible parties liable for the injuries they have incurred. They may be able to recover damages and get the following compensation:

  • Psychological Damage
  • Emotional Injuries
  • Medical Expenses
  • Lost Wages

To be able to get compensated, you need to file a dangerous drug case in the soonest time possible. Your case might be consolidated with other lawsuits in a multidistrict litigation. This may entitle you to receive a settlement of the case and awarded damages based on the agreement between the court and the manufacturer.

Product Liability in Kentucky

Product Liability in Kentucky

Sep 19

Product liability is that area of tort law that governs any property damage, personal injury, or death that was caused by a product due to some aspect such as its design, construction, formulation, processing, warning, packaging, marketing, and so on. As mentioned on the website of the Sampson Law Firm in Louisville, product liability is a complex issue that may involve more than one defendant depending on the circumstances and the cause of action, and each state addresses these issues differently.

In Kentucky, product liability is embodied in the Kentucky Revised Statutes Annotated (§ 411.300-340) known as the Product Liability Act of Kentucky. Under these statutes, causes of action include:

  • Strict Liability – for dealing with defendants who are involved in the manufacture and design of a product; the standard follows the 2nd Restatement of Torts where a product is considered defective when a reasonably prudent seller when made aware of the risks would not sell the product at all. Under this cause of action there are several possible claims including: design defect, manufacturing defect, and failure to warn.
  • Negligence – when the claim is made against a distributor or seller, mostly dealing with the failure to test or the failure to warn consumers about the risks before or after the sale, depending on when the seller became aware of the risks. It can also address faulty packaging or certification, and failure to modify or recall as the case demands
  • Breach of Warranty – typically brought against defendants from whom the claimant bought the product directly which establish privity (a relationship based on service) between the defendants and the plaintiff; claims are often made when the defendant fails to follow through with a promise (warranty, express or implied) or makes a faulty recommendation in the selection of the product.

When there is a clear breach of warranty i.e. product breaks down within the warranty period or when the manufacturer has already acknowledged the defect through a recall or other settlement offer i.e. GM’s faulty ignition switch, then it may be a simple matter to get compensation. However, these are the exceptions to the rule and as in most tort cases, the burden of proof is on the plaintiff, so it is important that the case is consulted with a competent product liability lawyer that can determine if it is viable before any other step is taken.