A consumer recently filed a lawsuit alleging that Docetaxel can cause permanent chemotherapy alopecia, long after treatment has stopped.
Plaintiff Rita S. recently filed a lawsuit against Sandoz Inc., alleging that Docetaxel can cause permanent chemotherapy alopecia, hair loss that continues indefinitely after chemotherapy treatment ends.
Docetaxel is a chemotherapy agent often used in the treatment of breast cancer, along with Taxotere. The drug was approved by the U.S. Food and Drug Administration (FDA) in 2011 under the 505(b)(2) process. This process allows drug makers to seek approval based on “the findings of safety and effectiveness of a listed drug to the extent the new product seeking approval and the listed drug are the same”. Sandoz sought approval under safety findings and effectiveness for Taxotere.
Rita says she was treated with Docetaxel in 2013 and suffered from chemotherapy alopecia which continued after treatment and became permanent. Rita claims that she suffered from permanent injury including medical expenses, psychological counseling expenses, loss of earnings, permanent disfigurement, mental anguish, severe emotional distress, and impairment of the quality and enjoyment of life.
Many consumers have also claimed that Docetaxel can cause serious chemotherapy alopecia. Chemotherapy agents target fast dividing cells to eliminate cancer, but the process can also target hair follicle which are some of the fastest dividing healthy cells in the body.
According to the master complaint for the Taxotere-Docetaxel multidistrict litigation, “hair can be expected to grow back after chemotherapy within three to six months.” The complaint quotes Dr. Ralph M. Trueb, the author of several articles related hair loss associated with chemotherapy, who states that “hair regrowth following chemotherapy treatment will occur within three to six months after cessation of treatment.”
Although chemotherapy alopecia is common during cancer treatment, some cancer patients have reported permanent chemotherapy alopecia after treatment with Docetaxel.
The lawsuit argues that the drug manufacturers failed to warn that permanent chemotherapy alopecia is a possible side effect of treatment with Docetaxel. Rita claims that Sandoz knew or should have known that Docetaxel can cause permanent chemotherapy alopecia but has not included it on the warning label. The possibility of permanent chemotherapy alopecia is briefly mentioned in the drug’s post-marketing experience label, she says, but not included in the warnings and precautions or adverse reactions labels.
“The longer a drug sponsor delays updating its labeling so that it reflects current safety information, the more likely it is that medical professionals will continue to prescribe drugs without advising patients of harmful side effects, and the more likely it is that patients will suffer harmful side effects without the opportunity to evaluate risks for themselves,” the lawsuit states.
Rita accuses Sandoz of strict products liability – failure to warn, negligence, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, and fraud and deceit. The lawsuit seeks compensatory damages, special damages, punitive damages, general damages, restitution, disgorgement, court costs, and attorneys’ fees.
The Chemotherapy Alopecia Lawsuit is Case No. 2:18-cv-04633-KDE-MBN and is part of the Taxotere MDL, In re: Taxotere (Docetaxel) Products Liability Litigation, Case No. 2:16-md-02740-KDE-MBN, in the United States District Court for the Eastern District of Louisiana.
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If you received intravenous chemotherapy treatment for breast cancer and were told that your hair would grow back but it never did, you may have a legal claim. Permanent hair loss is defined as a minimum of 6 months after the Taxotere chemotherapy treatment ended, and there is still no new hair growth. Join this free Taxotere class action lawsuit investigation now!
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