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Tag: Cancer

Court Upholds $86M Reward to California Couple in Roundup Case

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Monsanto Co. challenged a reward of $86.2 million in damages to a couple who developed cancer after three decades of using Roundup weed killer. Last week, California’s highest court rejected this objection. It upheld the original ruling of the Roundup case in favor of Alva and Alberta Pilliod.

Responses to Recent Roundup Case Ruling

In August, the First District Court of Appeal in San Francisco declared in a 2-1 ruling that Monsanto was to blame for knowingly marketing and selling a product with a potentially dangerous active ingredient.

Parent company Bayer disagreed with this decision. In a statement, the company said, “We continue to stand strongly behind the safety of Roundup, a position supported by assessments of expert regulators worldwide as well as the overwhelming weight of four decades of extensive science.”

Brent Wisner, a lawyer for the plaintiffs, shared with the San Francisco Chronicle that the ruling “was based on solid science and unanimous law.” He encouraged the company to stop with its “frivolous appeals.”

The Future of Roundup Settlements

Over the summer, Bayer revealed that it would stop selling the current version of Roundup for home and garden use in U.S. stores in 2023. The company plans to replace the main ingredient, glyphosate, with a new ingredient. This ingredient change is still subject to federal and state approval. They will continue to sell Roundup with glyphosate for farm use. 

Thus far, Bayer has agreed to pay $10 billion to settle thousands of lawsuits at both the state and federal level. They have also tried to resolve future lawsuits with a settlement of up to $2 billion. So far, these efforts have been unsuccessful. 

For more information about the lawsuits related to Roundup, contact us today.

Additional Reading:

Bayer Roundup Trial Goes Virtual Due to COVID-19 Concerns

Bayer Loses Third Consecutive Appeal of Roundup Cancer Verdict

Roundup

FDA Announces Expanded Recall of All 0.5mg and 1mg Chantix Pills

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The U.S. Food and Drug Administration (FDA) recently announced an expanded recall of Chantix (varenicline) to include all lots of 0.5mg and 1mg tablets. Pfizer is pulling the smoking cessation drug because of concerning levels of N-nitroso-varenicline, which may be associated with an increased risk of cancer in humans.

Timeline of Expanded Recall for Chantix

On July 2, 2021, the FDA first notified patients and providers about the recall of nine lots of Chantix. At this point, Pfizer recalled a limited number of products due to the presence of the nitrosamine. 

Nitrosamines are commonly found in water and foods, meaning that everyone is exposed to them in some way. However, the risk of cancer may increase if people are exposed at high levels over a long period of time. Still, the FDA noted that there was no immediate risk to patients taking the mediation. In fact, the benefits of quitting smoking outweighed the theoretical and potential risk of cancer.

Pfizer continued selling the believed-to-be safe lots of the smoking cessation drug. Then, on July 19, 2021, the company expanded the recall to 12 lots, based on the same concern as the initial recall. 

Approximately a month later, on August 18, 2021, the manufacturers added four more lots to the list. Then, per the most recent update, Pfizer issued a statement about the final expanded recall, which is inclusive of all lots of of the 0.5mg and 1mg tablets. As they work to reduce or eliminate the impurity in future lots, the FDA said that it would not object to “certain manufacturers distributing varenicline tablets containing N-nitroso-varenicline above the acceptable limit intake of 37ng per day but below the interim acceptable intake limit of 185ng per day.”

Connection to Other Recent Recalls

Similarly, the FDA requested the removal of all Zantac from shelves in April 2020. There was concern that the heartburn drug contained unsafe levels of N-nitrosodimethylamine (NDMA), another impurity related to cancer. As a result, multiple lawsuits have been filed against the manufacturers.

Several other drugs, including high blood pressure medications like valsartan and losartan, have been impacted by nitrosamine impurities in recent years. This issue may be caused by changes in manufacturing as well as improved testing methods that allow the components to be identified at very low levels. 

For more information about the halted distribution of Chantix, contact us today.

Additional Reading:

Pfizer Halts Sales of Chantix Due To Possible Carcinogen Contamination

Lupin Pharmaceuticals Recalls Blood Pressure Tablets Due to Possible Carcinogen Contamination

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Lupin Pharmaceuticals issued a voluntarily recall of irbesartan and hydrochlorothiazide tablets. Tests on API batches of these medications revealed possible contamination with a cancer-causing impurity. Both medicines are used to treat high blood pressure and diabetic nephropathy in hypertensive patients with Type 2 diabetes.

Current Recall for Lupin Pharmaceuticals

“As part of Lupin’s ongoing assessment, analysis revealed that certain tested API batches (but not finished product batches) were above specification limit for the impurity N-nitrosoirbesartan,” the Food and Drug Administration (FDA) reported. N-nitrosoirbesartan is a potential carcinogen for humans. 

Between early October 2018 and late September 2021, Lupin Pharmaceuticals received four reports of illness from irbesartan. Patients taking the combination of irbesartan and hydrocholorothiazide tablets reported no illnesses.

Irebesartan was distributed nationwide in 75mg, 150mg, and 300mg formulas. They were sold through wholesalers, drug chains, mail order pharmacies, and supermarkets. 

Previous Recalls Due to Potential Carcinogen Contamination

This recall is not Lupin’s first experience with possible carcinogen contamination. During the summer of 2020, the company, along with Sun Pharma, Bayshore Pharmaceuticals, and Granules Pharmaceuticals, pulled metformin, a generic diabetes medication, from the shelves due to batch testing results. 

The recalls of metformin were in response to the FDA finding N-nitrosodimethylaine in “sartan”-based blood pressure drugs and heartburn medications, including Zantac. These findings triggered a global recall of all impacted medicines. 

For more information about both the Lupin Pharmaceuticals recall and the Zantac recall, contact us today.

Additional Reading:

Zantac Relaunches With New Name and Ingredient After Recall Due to Increased Cancer Risk

Sanofi Accused of “Widespread” Email Deletion After Zantac Recall

Pfizer Recalls Smoking Cessation Drug Chantix Due to Increased Cancer Risk

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Earlier this month, Pfizer voluntarily recalled the smoking cessation drug Chantix for high levels of nitrosamine, a carcinogenic compound. The notice posted to the Food and Drug Administration (FDA) website included all lots of 0.5 mg and 1 mg varenicline tablets. It also noted that long-term ingestion can lead to a “potential increased cancer risk in humans, but there is no immediate risk to patients taking this medication.” 

Smoking Cessation Drug Recall

Pfizer first recalled some lots of Chantix in July and added additional lots in August. Recalled drugs include those distributed in the United States, Virgin Islands, and Puerto Rico from May 2019 to September 2021. 

The FDA recognized that the current recall may cause a drug shortage. To lessen this impact to patients, it will allow certain manufacturers to distribute “varenicline tablets containing N-nitroso-varenicline above FDA’s acceptable intake limit of 37 ng per day but below the interim acceptable intake limit of 185 ng per day until the impurity can be eliminated or reduced to acceptable levels.”

In a follow-up notice, the FDA encouraged patients to continue using their current medication until their doctor or pharmacist provides a replacement treatment. Ultimately, the heath benefits of stopping smoking outweigh the cancer risk from nitrosamine in varenicline. 

For more information about the recall of Chantix, contact us today.

Additional Reading:

Pfizer Halts Sales of Chantix Due To Possible Carcinogen Contamination

 

Bayer Roundup Trial Goes Virtual Due to COVID-19 Concerns

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A California trial between an elderly cancer victim and Monsanto owner Bayer AG switched to virtual proceedings in late August due to concerns about the spread of COVID-19. 

Technical Difficulties for the Virtual Trial

On the first day, thanks to various technical problems, lawyers for plaintiff Donnetta Stephens only presented abbreviated testimony from Charles Benbrook. Benbrook is a former research professor who was once the executive director of the National Academy of Sciences agriculture board. As a key witness, he testified about topics including the history of scientific submissions to the U.S. Environmental Protection Agency (EPA) by Monsanto as well as failed regulatory shortcomings.

Unfortunately, the proceedings for Stephens indicated that both sides may be significantly challenged in trying to share evidence and testimony in a virtual format. Some issues faced during this first session include: a court reporter who couldn’t fully hear the exchanges between lawyer and witness; jurors who had trouble using their computer cameras (a requirement); and poor audio transmission for Judge Gilbert Ochoa. Despite the technical difficulties, the judge noted that they made history by holding the court’s “first Zoom trial.”

The History of Bayer Roundup Trials

The case is being tried in the Superior Court of San Bernardino County in California. It is the fourth Roundup cancer trial to take place in the United States — the first since 2019. For the three previous trials, juries ruled in favor of the plaintiffs. They agreed that Monsanto’s glyphosate-based weed killers, including Roundup, cause non-Hodgkin lymphoma and that Monsanto spent years hiding the risks and failing to warn consumers. 

Tens of thousands of plaintiffs filed lawsuits against Monsanto after the World Health Organization’s cancer experts determined that glyphosate is a probable human carcinogen with a link to non-Hodgkin lymphoma. 

For more information about lawsuits related to Roundup, contact us today.

 

Roundup

Philips Breathing Machine Recall Over Potential Cancer Risk, Millions In Need of Substitutes

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People who struggle with sleep apnea or other breathing ailments rely on special machines to ensure that they can breathe safely while sleeping. Unfortunately, in June, the Food and Drug Administration (FDA) recalled more than a dozen devices manufactured by Philips. There was concern that the Respironics machines, which deliver pressurized air through a mask, had faulty components that could lead to heath risks. Now, millions of patients face waitlists of a year or more for their much-needed replacements. 

Expanding on their initial declaration, in July, the FDA warned that the risks could be “life-threatening, cause permanent impairment, and require medical attention.” The machines use polyester-based polyurethane foam to dampen sound and vibrations. Over time, it can degrade and result in a user breathing in chemicals or swallowing or inhaling black debris. Possible risks from this exposure include asthma, skin and respiratory-tract irritation, and “toxic and carcinogenic effects” to organs like the kidneys and liver.

Specifically, the recall involves BiPAP (bi-level positive air pressure), CPAP (continuous positive air pressure), and ventilator machines manufactured before April 26, 2021. As the next steps, Philips must submit a repair-and-replacement program to the FDA for the defective parts. However, there are shortages and backlogged orders because of the use of similar devices in hospitals to treat COVID-19. 

Breathing Machine Recall Response from Philips

A spokesperson for Royal Philips, the parent company of Respironics, estimates that up to two million of the recalled devices were in use in the United States, largely by the 24 million Americans who struggle with obstructive sleep apnea. He added that the company was working “expeditiously” to find a solution. They are “already producing repair kits and replacement devices” of about 55,000 units per week, although they have not yet been cleared for shipping. 

Philips advises current users of the impacted machines to register their products and talk to their doctors. Presently, there is no time estimation for the waiting list, forcing many patients to continue using their dangerous devices. As 72-year-old Donald Camp explains, “I believe any risk of cancer is less than the risk of the serious consequences of sleep apnea.” 

How This Recall Impacts COVID-19 Physicians and Patients

Of course, this recall is also problematic for doctors caring for coronavirus patients. “Because the number of people coming into the hospital with severe respiratory symptoms has increased as a result of COVID-19, the demand for these devices has also increased,” explained Dr. David Schulman, a pulmonary and critical care medicine specialist at Emory Healthcare. Without knowing more about the potential risks, it’s impossible for physicians to determine how to best care for patients with breathing issues.

Since the recall, patients in over 20 states have filed about 40 lawsuits against Philips. Unsurprisingly, a multi-district litigation petition has also been filed. Legal experts anticipate that all cases will be consolidated in one state, similar to the handling of lawsuits against opioid manufacturers. Philips set aside about $591 million to cover the repair and replacement orders and other anticipated costs. 

For more information about the recall of Philips breathing machines and multi-district litigation, contact us today.

Bayer Loses Third Consecutive Appeal of Roundup Cancer Verdict

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Bayer AG’s Roundup faces another setback as it loses a third consecutive appeal of a jury finding that its weed killer causes cancer. The company has averaged nearly $50 million in damages for each consumer.

An appeals court in San Francisco refused to overturn the 2019 verdict that awarded more than $2 billion to a couple who claimed they fell ill after more than three decades of using the herbicide. The verdict was the eighth-largest product-defect award in U.S. history. The appeals court agreed with the trial judge’s decision to reduce the amount to $86.7 million.

Bayer’s Response to Roundup Cancer Verdicts

Bayer recently set aside an additional $4.5 billion to address thousands of Roundup lawsuits, which means its total reserves for the cases is over $16 billion. Additionally, the company’s Monsanto unit will remove the current version of Roundup from the market in 2023. 

In 2018, the company inherited the legal issues related to Roundup when it purchased Monsanto for $63 billion. Monsanto began manufacturing Roundup in the 1970s.

“We respectfully disagree with the court’s ruling as the verdict is not supported by the evidence at trial or the law,” Bayer said via an email statement. “Monsanto will consider its legal options in this case.”

Bayer plans to ask the U.S. Supreme Court to look at another case the company lost in 2019, hoping that it will determine that the company should be absolved of any wrongdoing because federal regulators determined that glyphosate isn’t a carcinogen. 

What’s Next for Bayer

A fourth trial began last week in San Bernardino, California’s state court. 70-year-old Donnetta Stephens allegedly developed non-Hodgkin’s Lymphoma after using Roundup for more than 30 years. Before the trial began, the manufacturing company’s lawyers persuaded the judge to throw out claims that the company hid Roundup’s health risks, which may make it easier for Bayer to win the case. 

For more information about lawsuits related to Roundup, contact us today.

Roundup

Bladder Cancer Linked to Zantac Use in Recent Study

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Hundreds of plaintiffs have filed lawsuits arguing that, after years of using heartburn medication Zantac (ranitidine), they were diagnosed with bladder cancer. Now, a recent study supports their claims: The American Journal of Gastroenterology published research that indicates that users of Zantac products may face a higher chance of developing bladder cancer.

Active Case

Link Between Ranitidine Use and Bladder Cancer

The new study looked at information from patients diagnosed with bladder cancer in Scotland between 1999 and 2011. Researchers matched the participants up with controls based on their age, gender, and general practice records. They ultimately gathered data on 3,260 cases of bladder cancer and 14,037 controls, showing that ranitidine users have a 22 percent higher risk of bladder cancer than non-users. The risk increased further if patients used the drug for over three years. 

It’s important to note that these risks were not seen with proton pump inhibitors, another class of heartburn drugs. Examples include Nexium and Prilosec.

Although research linking Zantac and bladder cancer is in its early stages, there have been other studies that look at how ranitidine may increase levels of known carcinogen N-nitrosodimethylamine (NDMA) in the body. In a study from 2016, researchers collected urine samples from adult volunteers over a 24-hour period, both before and after taking 150mg of ranitidine. They then reviewed the samples for residual ranitidine, NDMA, and other nitrosamines. After ranitidine intake, urinary levels of NDMA increased 400-fold, while total N-nitrosamines increased 5-fold. Study authors noted that these rates “equaled or exceeded those observed in patients with schistosomiasis, a disease in which N-nitrosamines are implicated as the etiological agents for bladder cancer.”

FDA Recall of Ranitidine Products

In April 2020, the U.S. Food and Drug Administration (FDA) recalled all ranitidine products after studies revealed that storage time and high temperatures may increase the level of NDMA. 

For more information about the Zantac recall and lawsuits, contact us today.

Additional Reading:

Zantac Relaunches With New Name and Ingredient After Recall Due to Increased Cancer Risk

Sanofi Accused of “Widespread” Email Deletion After Zantac Recall

Sanofi Accused of “Widespread” Email Deletion After Zantac Recall

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In a recent filing from lawyers representing over 70,000 former users of Zantac, Sanofi is accused of “widespread” email deletion related to its 2019 recall of the heartburn medication, which preceded the Food and Drug Administration’s (FDA) full ban in 2020. Lawyers claim that this tampering “resulted in the delay and/or postponement of many key Sanofi depositions.” They have asked for more time to prepare for these trials, which are set to begin next year. 

Active Case

A spokesperson for Sanofi revealed that the company “did not intentionally destroy any emails related to the Zantac litigation. Any suggestion to the contrary is false. Sanofi has provided hundreds of thousands of pages of relevant discovery to the plaintiffs, including internal emails, test results, safety assessments, and correspondence with regulatory authorities.”

Zantac Recall Timeline

In late 2019, Sanofi agreed to recall over-the-counter Zantac in the United States and Canada due to possible contamination with suspected carcinogen N-nitrosodimethylamine (NDMA). By April 2020, the FDA had removed the drug and all generic versions from shelves. In August 2020, Sanofi shared that it was the focus of a Department of Justice probe over potential violations of the False Claims Act in relation to the Zantac recalls. 

Other drugmakers, including GlaxoSmithKline and Boehringer Ingelheim as well as multiple generic companies, are also accused in the Zantac lawsuits of failing to alert customers to the potential harm. 

For more information about the Zantac recall and lawsuits, contact us today.

Additional Reading:

Zantac Relaunches With New Name and Ingredient After Recall Due to Increased Cancer Risk
Zantac Lawsuits & Updates
Zantac (Ranitidine) Commonly Asked Questions
Zantac Cancer Risk

Pfizer Halts Sales of Chantix Due To Possible Carcinogen Contamination

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Last month, Pfizer announced a pause in the distribution of smoking-cessation drug Chantix (varenicline) after identifying levels of nitrosamines, a potential carcinogen. The levels in drugs aren’t supposed to exceed an excess cancer risk of 1 in 100,000. The manufacturer is recalling multiple lots of the drug for the same reason.

In 2020, the Food and Drug Administration (FDA) discovered high amounts of NDMA (N-nitrosadimethylamine) in numerous drugs, including the diabetes drug metformin. In 2019, heartburn medication Zantac was also recalled due to NDMA contamination.

The History of Chantix

Chantix, which is used for 12 to 24 weeks, was initially approved by the FDA in May 2006 to help adults 18 and over quit smoking. Pfizer indicated that they were stopping distribution “out of an abundance of caution” and would continue investigations. They haven’t revealed which nitrosamines were discovered in the pills or how they got there. 

Prior to the sales halt, the drug was already facing issues. Sales recently dropped 17 percent — from $1.1 billion in 2019 to $919 million in 2020 — due to the COVID-19 pandemic and the loss of patent protection in the United States in November.

As company spokesperson Steven Danehy told Reuters, Pfizer believe “the benefits of Chantix outweigh the very low potential risks, if any, posed by nitrosamine exposure from varenicline on top of other common sources over a lifetime.” It’s important to note that the potential carcinogen is also found in water and grilled meat. 

For more information about the halted distribution of Chantix, contact us today.

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