The Court has certified a Medical Monitoring Class and three detailed classes/subclasses within the Medical Monitoring Classes by claim, defendant, and groupings of states. Find your state in the class/subclass definitions below to determine your eligibility.
Medical Monitoring Independent Claim Class
All individuals residing in Alaska; Arizona; Arkansas; California; Colorado; Delaware; District of Columbia; Florida; Hawaii; Idaho; Maine; Massachusetts; Minnesota; Montana; New Mexico; Pennsylvania; South Dakota; Utah; West Virginia; and Wyoming and who consumed a sufficiently high Lifetime Cumulative Threshold of NDMA, NDEA, or other nitrosamine, in generic valsartan-containing drugs manufactured by or for Defendants and marketed in the United States and its territories and possessions, at least since January 1, 2012.
Medical Monitoring (Physical Injury Required) Remedy Subclass
All individuals residing in Alabama; Connecticut; Georgia; Illinois; Iowa; Kentucky; Louisiana; Michigan; Nebraska; Oklahoma; Oregon; Wisconsin who consumed a sufficiently high Lifetime Cumulative Threshold of NDMA, NDEA, or other nitrosamine, in generic valsartan-containing drugs manufactured by or for Defendants and marketed in the United States and its territories and possessions, at least since January 1, 2012.
Medical Monitoring (Physical Injury Not Required) Remedy Subclass
All individuals residing in California; District of Columbia; Guam; Indiana; Kansas; Maryland; Missouri; Nevada; New Jersey; New York; Ohio; Puerto Rico and other Federal territories; Rhode Island; South Carolina; Tennessee; Texas; Vermont; Virgin Islands; Virginia; and Washington who consumed a sufficiently high Lifetime Cumulative Threshold of NDMA, NDEA, or other nitrosamine, in generic valsartan-containing drugs manufactured by or for Defendants and marketed in the United States and its territories and possessions, at least since January 1, 2012.
About Medical Monitoring
1. What does “Medical Monitoring” mean?
Medical Monitoring refers to a program or protocol to monitor individuals who are eligible, and choose, to be monitored for signs of specific diseases or conditions.
In this lawsuit, Medical Monitoring refers to a specific program or fund that would be established (and paid for by Defendants) if Plaintiffs prevail on their claims or the Parties agree to it. It would help identify the cancers that Plaintiffs allege to be associated with exposure to the carcinogens found in the adulterated valsartan-containing drugs. The program may include tests such as physical exams and lab work. No specific program has been ordered by a Court to be created at this time.
2. What does “Lifetime Cumulative Threshold” mean?
Lifetime Cumulative Threshold is the minimum exposure from consumption of valsartan-containing drugs to entitle someone to be monitored (if the other requirements for medical monitoring are satisfied). It is a threshold of exposure that Plaintiffs allege to be associated with a statistically significant increased risk of developing certain cancers.
Defendants deny that the valsartan-containing drugs increase cancer risk.
3. How do I know if I consumed the Lifetime Cumulative Threshold?
The determination of whether a Class Member consumed a Lifetime Cumulative Threshold is based on a combination of dosage, who the API (Active Pharmaceutical Ingredient) manufacturer was, and time period of drug consumption. If you are unsure of which API manufacturer prepared your medicine, this information may be obtained from your pharmacy.
The main Active Pharmaceutical Ingredient (API) manufacturers who are defendants in this case are: [INSERT DEFENDANTS LIST]. The table below shows the different paths to reaching the Lifetime Cumulative Threshold.
[Insert Table]
4. How do I know if I have a “Physical Injury”, as mentioned in the “Physical Injury Remedy Subclass”? I thought the Notice said physical injury claims are NOT part of the class?
If you are already suing the Defendants for a cancer that you already have and that you allege to have been caused by your consumption of contaminated Valsartan, you are not in the class, because the class seeks monitoring for potential future cancer.
Plaintiffs allege here that the “physical injury” as relevant to medical monitoring is a physical change in the body (on a genetic or subcellular level) caused by ingesting contaminated valsartan. Thus, if you consumed the Lifetime Cumulative Threshold, Plaintiffs allege (and Defendants dispute) you have been injured within the meaning of medical monitoring law.