A woman is suing the makers of breast cancer drug Taxotere and the manufacturers of its generic equivalents (docetaxel) following the personal injury she sustained after her chemotherapy treatment.

Plaintiff Vernita C. filed her lawsuit within the Taxotere multidistrict litigation underway in Louisiana federal court.

Vernita was diagnosed with breast cancer in her right breast in November 2009. She underwent a mastectomy and was also prescribed chemotherapy.

Permanent Hair Loss From Breast Cancer Drug

Vernita’s chemotherapy with Taxotere and/or its generic equivalents lasted from March to June 2010, and she states that neither her nor her healthcare providers were aware that alopecia, or permanent hair loss, was a possible side effect of the breast cancer drug’s use.

“As a result of Defendants’ wrongful conduct, Plaintiff has continued to suffer and will suffer in the future from disfiguring permanent alopecia as a result of receiving chemotherapy with docetaxel (TAXOTERE) and/or generic on-bioequivalent of the same.”

Taxotere, and later its breast cancer drug generic equivalents, was initially approved by the FDA in December 1992. It is a member of the drug family known as taxanes, which are used treat a variety of serious illnesses, including cancer.

After its initial FDA approval, the makers of Taxotere received approval for additional indications for the drug’s use.

“Based on self-sponsored clinical trials, Defendants claimed superiority over other chemotherapy products approved to treat breast cancer.” Among these claims, the makers of Taxotere said its product was superior in efficacy over its breast cancer drug competitor, Taxol, the lawsuit states.

“Contrary defendants’ claims and superior efficacy, post-market surveillance has shown that the more potent and more toxic docetaxel (TAXOTERE) does not in fact offer increased efficacy or benefits over another Taxanes, as defendants have claimed and advertised. Defendants concealed the existence of studies from the FDA, physicians, and patients that refuted Defendants’ claims,” Vernita’s lawsuit says.

In addition to the superior claims of efficacy that were unfounded, the lawsuit also alleges that the defendants purposely covered up the relationship between Taxotere and permanent disfiguring hair loss.

The lawsuit states that a study carried out by the breast cancer drug makers showed that 9.2 percent of the patients who had the breast cancer drug administered suffered from permanent hair loss for up to 10 years or even longer.

The lawsuit states the drug makers “knowingly, intentionally, and wrongfully withheld the in the GEICAM 9805 study from physicians, healthcare providers, patients and Plaintiff in the United States.”

The breast cancer drug lawsuit states that the makers of Taxotere and its generic equivalents failed to provide adequate warnings about the safety risks associated with the drug, including permanent alopecia as a side effect commonly linked to the use of the treatment.

Additionally, the lawsuit states that the makers of Taxotere did notify patients, physicians and the medical community in Europe as well as Canada about the possible risk of permanent hair loss, but failed to disclose those same risks to patients and physicians in the states until several years later.

Vernita has brought forth a number of allegations against the defendants including allegations of design and manufacturing defects, and warning breach of express and implied warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation and more.

She is seeking damages related to medical and related expenses, physical injury and disability, physical pain and suffering, mental anguish and distress, loss of earnings, impairments earning capacity, loss of enjoyment of life and additional damages.

The lawsuit is asking for compensatory damages, interest, costs of suit and any additional relief as deemed proper by the Court.

The Taxotere Breast Cancer Drug Lawsuit is Case No. 2:17-cv-00730, in the U.S. District Court for the Eastern District of Louisiana.